UN claim against people smuggling laws

24 Oct 2012, 11:39 am   -   Source: AAP
Share This
0 
+ Comment
0
Mr Nasir was convicted of aggravated people smuggling under the Migration Act 1958, which carries a mandatory minimum five-year sentence with a three-year non-parole period. (AAP)

Mr Nasir was convicted of aggravated people smuggling under the Migration Act 1958, which carries a mandatory minimum five-year sentence with a three-year non-parole period. (AAP)

An Indonesian fisherman who is in jail for people smuggling has filed the first international case against Australia's people smuggling laws.

RELATED

An Indonesian fisherman has filed the first international case against Australia's people smuggling laws.

The man, known only as Mr Nasir, is currently serving a five-year jail term in Australia.

In a claim filed with the United Nations Human Rights Committee in Geneva on Wednesday, Mr Nasir says Australia violated his rights to a fair trial and his right to freedom from arbitrary detention.

He is seeking compensation, a public apology and immediate release, as well as changes to Australia's laws and policies.

According to the University of NSW's Human Rights Clinic, which is representing Mr Nasir, this is the first time the UN committee will decide whether Australia's mandatory sentencing laws breach the nation's obligations under the International Covenant on Civil and Political Rights.

Mr Nasir was convicted of aggravated people smuggling under the Migration Act 1958, which carries a mandatory minimum five-year sentence with a three-year non-parole period.

Current law does not allow the sentence to be appealed, according to UNSW.

Mr Nasir believes his sentence was "unjust and disproportionate" in light of his individual circumstances.

Before being imprisoned, he claims he earned less than $2 a day as a casual fisherman.

In early 2010, he was offered $700 by a stranger to work as a cook on a boat which was carrying 46 asylum seekers and was later intercepted by the Australian Navy.

At the conclusion of his trial in 2011, a Queensland Supreme Court judge said any more imprisonment than the 632 days he had already served was "not necessary" to deter Mr Nasir.

Law student Lucy Gedders, who drafted the man's claim, said Australia's mandatory sentencing laws had failed to deter people smugglers.

"Instead, they have resulted in unfair, disproportionate punishments for low-level and uninformed crew," she said in a statement on Wednesday.

  • Follow us: 
  • Follow us on Facebook
  • Follow us on Twitter
  • Follow us on Youtube

Join the Discussion

Name
City / Suburb E.g. Artarmon, Sydney
Title
Comment
You have characters remaining.
Validation
What's this?
This is a captcha-picture. It is used to prevent mass-access by robots.
All submitted comments become the property of SBS. They are moderated, so we reserve the right to edit comments and remove HTML tags. Not all submitted comments will be published. Publication does not mean we endorse the opinions expressed. Please read our terms and conditions for more information.