Australia to compensate Indonesian 'traffickers' unlawfully detained as minors
Canberra has agreed to pay AU million to more than 120 plaintiffs, but the deal is subject to approval by the country’s Federal Court. Despite knowing that wrist X-rays to determine age is not a reliable technique, Australian authorities ignored recommendations and proceeded with the arrest and detention of migrants, who, attracted by the possibility of earning money, were unaware of what their jobs entailed.
Jakarta (AsiaNews/Agencies) – The Australian government has agreed to pay AU$ 27 million (US$ 17 million) to scores of Indonesians wrongly accused and tried as human traffickers when they were under age, some only 12.
"It's fair to say we're delighted to have gotten this outcome... this has been 10 years in the making," said Sam Tierney, one of the lawyers for the plaintiffs.
More than 120 Indonesians were detained between 2009 and 2012 after arriving in Australia.
Escaping poverty, they said that they were lured by the promise of well-paid job, and did not imagine that they were hired to transport asylum seekers.
At the time, Australian law required children to be returned to their country of origin. International law also requires suspects to be treated as under age until they are identified with certainty. However, Australian authorities X-rayed their wrists to determine the age of the "traffickers" and jailed anyone they believed to be over 18.
It is now known that X-ray writs examination is not reliable to establish an individual's age. An investigation by The Guardian last year revealed that Australian authorities were aware that the method was not reliable.
In 2012, a report by the Australian Human Rights Commission found numerous violations of children's rights, noting that their cases had been handled incorrectly from the outset and that the treatment of children was "disturbing".
The class action was launched by 122 Indonesians, but the settlement, signed yesterday and which does not constitute an admission of wrongdoing, will have to be approved by the Federal Court before Australia can proceed with the payment.
In the meantime, lawyers will look for other Indonesians who may be entitled to compensation.
Ali Yasmin said he was taken to Christmas Island in December 2009 despite telling authorities he was 14 years old. Placed in a maximum-security prison, he was released and deported in 2012 and his conviction was only overturned in 2017.
In recent years, the Australian government has tried to settle several cases involving unlawful detention.
In 2017, it agreed to pay AU$ 70 million in compensation to nearly 1,700 refugees and asylum seekers illegally held on Manus Island, while last year it agreed to pay AU$ 350,000 to an Iraqi asylum seeker who was found to have been illegally held for more than two years in a detention centre.
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07/02/2019 17:28
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