‘Shocking scandal nobody wants to touch’: MP

A South Australian MP in late-September 2020 has called in parliament for a royal commission into half a century of forensic disasters in SA that have put 400 criminal cases, and more, in doubt. He echoes calls by similar CLA in 2016 and 2019, and by others, including into a case where Australia’s longest-serving Aboriginal prisoner, Derek Bromley (photo), remains in jail 37 years after his conviction and 16 years after he could have had parole, because he refuses to admit guilt in a case where evidence from an unqualified and incompetent forensic “expert” sealed his fate.  On 12 October, Ch 9 will air yet another expose on the can of worms underlies “justice” in SA.

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Australia extradites with one hand tied, costing Aussies liberty

Australia’s one-side extradition regime gives citizens of other countries much greater legal protection than Australian citizens get. Other countries simply have to allege wrongdoing, and Australia locks up – and extradites – people living in Australia. But going in the other direction, we have to prove, with evidence, our case before other nations will hand over people in their jursidiction. It’s stupid law, and even crazier civil liberties.

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Kids locked in jail cell isolation 24/7

Nearly 130 children  – 55 of them Indigenous – are locked in cells in isolation 24/7 in Brisbane’s youth jail. The Covid-19 emergency has highlighted the problems – including costs – of locking up children, sometimes as young as 10 because the age of criminal responsibility is so low. Most locked-up children need professional help and special education, not to be in jail.
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Coronavirus Pandemic: Statements by CLA

For all the period of the Covid-19 pandemic, then in the longer-term recovery to normal phase, civil liberties and human rights must be integrated into every decision of all authorities. While a health and emergency policing response is vital, so too is ensuring that the maximum freedoms of Australians are respected at all times. Premiers and others are in danger of forgetting peoples’ rights matter too!
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AGs are cowards not to lift age of responsibility    

Australia’s Attorney-General showed cowardice in not lifting the age of criminal responsibillity from 10 10 at least 14, CLA President Dr Kristine Klugman says. A national justice department group has been working on the issue for years: it strongly recommended the common national age goes up, now. It’s time for one or mroe AGs to show the courage of their convictions, not the least because it will help keep Aboriginal kids as young as 10 from dominating juvenile jailings in Australia.
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Asylum seekers, refugees and Covid-19: most vulnerable, most exposed?

Vulnerable refugee claimants are at greater risk of catching Covid-19 illness because of where they are housed, and general poor nutrition and ill-health because of their poverty. Without incomes as the economy grinds to a halt, their plight is worsening. Meanwhile the Australian government appears to have a policy of deliberating slowing down their ‘day in court’ by appointing the wrong people to the main tribunal that hears refugee claims. CLA Director Jennifer Ashton tells the story.
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Releasing non-violent inmates could reduce COVID spread potential

As Iran releases 100,000 prisoners, Australian jails are still packed with the potential for major COVID-19 spread into the community, Paul Gregoire writes for Sydney Criminal Lawyers. And, as usual, Indigenous prisoners are relatively most at risk because of their large numbers and poor health. The WHO and UN have warned Australia about the potential for jails to spread the pandemic. ‘Prison health is a matter of public health’.

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Prisoners and quarantined must have their health safeguarded

Prisoners are worried, very worried. Locked away, often two to a cell, they are more prone to a contagious virus than just about any sector of society. Governments have a responsibility to take special efforts to protect their health. And governments are also responsible for ensuring that any quarantined group, including arrivals from flights or cruises, are also looked after according to the OPCAT treaty standards that Australia and every state and territory government has signed up to.
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Judicial Commission needs independent, external input to stop judges bullying lawyers

The NT is planning to introduce a Judicial Commission to deal with the problem of judges bullying lawyers. A parliamentary committee is considering submissions – but none of the submissions, other than that from CLA – proposes having truly independent people on the commission and its investigatory panels…or even mandatory Indigenous representationl. Changes to the current bill are vital if justice is to be seen to be done, and to be done, to lawyers and their clients in the NT, CLA says.

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