SKIP TO MAIN CONTENT

Manus detention centre court case rejected

The PNG Supreme Court has rejected an attempt to restore electricity, medical care, food and water supplies to the mothballed Manus Island detention centre.

Manus Island Detention Centre
The PNG Supreme Court has rejected a bid to restore basic services at the Manus Island centre. (AAP)

3 min read

Published

Source: AAP


Skip to article content

The Papua New Guinea Supreme Court has rejected an application to restore basic services to the mothballed Manus Island detention centre, but lawyers have vowed to appeal the decision.

Lawyers on behalf of Iranian refugee Behrouz Boochani tried to have electricity, food, medical care and water at the decommissioned centre reinstated on human rights grounds.

But the application, which would also have blocked PNG officials from forcibly evicting men barricaded inside the complex, was quashed in Port Moresby on Tuesday.

The judgment said Australia's legal responsibility for the future welfare of the asylum seekers ended with the closure of the detention centre.

"It falls squarely on the government of PNG to take responsibility over the future welfare of asylum seekers," it said.

News that makes sense

Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Australia's involvement remains largely, if not purely, a moral responsibility, the judge said.

However, the judgment said refugees might be eligible for damages because of the government's "heavy-handed tactics" to force them out of the centre.

Mr Boochani said the decision meant there was no justice for refugees, who were used to court decisions going against them.

"Depriving refugees from having access to basic and vital things is completely against humanity. This order shows how we are forgotten people and there is no justice for us," he told AAP from Manus Island.

"While Australian and PNG judicial systems are not able to provide justice for us, I'm asking international courts to take action and protect us."

Refugees and asylum seekers had been pinning their hopes on the last-ditch attempt to keep the centre open.

A week since the Manus Island compound was shut down to comply with a 2016 court ruling, almost 600 men remain barricaded inside the mothballed centre.

They are adamant it's safer to remain than risk being attacked by locals at new accommodation sites near the main township of Lorengau.

The refugees' lawyers are expected to lodge an appeal on Wednesday.

Prime Minister Malcolm Turnbull has urged the men to move.

"There are alternative facilities available of a very high quality with food and all of the (other) facilities," he told ABC radio on Tuesday.

"The residents at Manus, the RPC, they are being asked to move and they should move."

PNG Immigration Minister Petrus Thomas has also insisted it is no longer possible to restore services to the detention centre, urging its inhabitants to leave.

Mr Thomas said it wasn't simply a case of reconnecting the water or electricity at the facility, which was officially closed on October 31.

"There is no service provider to deliver services and more significantly, as services are available at the new facilities, there is no need for services to be reconnected," he said in a statement released on Sunday.

Amnesty International criticised the court ruling.

"The decision is an abhorrent attack on the right to life," spokeswoman Kate Schuetze said.

Human Rights Watch said hundreds of men remain in a crisis situation as a result of Tuesday's ruling.

"Australia established and subsequently abandoned this centre, it's up to Australia to bring these men to safety," spokeswoman Elaine Pearson said.


Get SBS News straight to your inbox

Sign up now for daily news from Australia and around the world. You can also subscribe to Insight's weekly newsletter for in-depth features and first-person stories.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Follow SBS News

Download our apps

Listen to our podcasts

Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS

SBS World News

Take a global view with Australia's most comprehensive world news service

Stream now

Watch the latest news videos from Australia and across the world