Dear Julie,
Yes, I published a short piece on it last week:
http://www.lowyinterpreter.org/post/2013/08/27/UN-Human-Rights-Committee-slams-Australias-treatment-of-refugees.aspx
I hope this is useful.
Best wishes,
Jane.
Professor Jane McAdam
Scientia Professor of Law
Australian Research Council Future Fellow, Faculty of Law, UNSW Non-resident Senior Fellow, Brookings, Washington DC
Faculty of Law . The University of New South Wales . UNSW Sydney NSW 2052 . Australia
Phone: +61 (2) 9385 2210 . Fax:+61 (2) 9385 1175
Website: http://www.law.unsw.edu.au/profile/jane-mcadam
Publications:http://ssrn.com/author=579709
-----Original Message-----
From: Forced Migration Discussion List [mailto:[log in to unmask]] On Behalf Of Forced Migration List
Sent: Wednesday, 4 September 2013 6:29 PM
To: [log in to unmask]
Subject: New publication: Human Rights Committee Communication Nos. 2094/2011 and 2136/2012 (Response)
Thanks for sharing this. Does anyone know if anyone's done a lay summary brief translating the main points?
--
Julie Ham
PhD candidate
Criminology Program
School of Political and Social Inquiry
Monash University
Clayton 3800
[log in to unmask]
http://artsonline.monash.edu.au/bordercrossings/
http://artsonline.monash.edu.au/criminology/
On 3 September 2013 07:22, Forced Migration List <[log in to unmask]> wrote:
Dear colleagues,
The following views of the Human Rights Committee regarding communications concerning detention of asylum seekers arriving by boat (Australia) may be of interest:
http://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/AUS/CCPR_C_108_D_2094_2011_20720_E.pdfhttp://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/AUS/CCPR_C_108_D_2136_2012_20721_E.pdf
Re Article 9 of the ICCPR, see, inter alia, at [9.3] and [10.3] respectively:
'Asylum-seekers who unlawfully enter a State party's territory may be detained for a brief initial period in order to document their entry, record their claims, and determine their identity if it is in doubt. To detain them further while their claims are being resolved would be arbitrary absent particular reasons specific to the individual, such as an individualized likelihood of absconding, danger of crimes against others, or risk of acts against national security'.
Best wishes,
Ruvi Ziegler
Dr. Reuven (Ruvi) Ziegler, Esq.
Lecturer
School of Law
University of Reading
Foxhill House
Whiteknights Road, Earley
Reading RG6 7BA
United Kingdom
t: +44 (0) 118 378-7518
f: +44 (0) 118 378-4543
http://www.reading.ac.uk/law/about/staff/r-ziegler.aspx
http://works.bepress.com/ruvi_ziegler/
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