Flemington & Kensington Community Legal Centre
UN Communications
Taking Your Case to the UN
The International Covernant on Civil and Political Rights contains a large number of rights that are relevent to issues of police misconduct.
Under the 1st Optional Protocol to this Covernant, you can make a Communication to the United Nations Human Rights Committee if your rights have been violated.
Before making a communication to the Committee, you need to "exhaust all domestic remedies". This means you will need to have attempted to have your rights vindicated through all the tiers of the Australian legal system first.
Australia does not meet all its obligations under the ICCPR and sometimes the only way to seek justice is through this international mechanism.
On 3 April 2009 the Human Rights Committee raised the following concerns about policing in Australia:
The Committee expresses concern at reports of excessive use of force by law enforcement officials against groups, such as indigenous people, racial minorities, persons with disabilities, as well as young people; and regrets that the investigations of allegations of police misconduct are carried out by the police itself. The Committee is concerned by reports of the excessive use of the electro-muscular disruption devices (EMDs) “TASERs” by police forces in certain Australian states and territories. (articles 6 and 7)
The State party should take firm measures to eradicate all forms of excessive use of force by law enforcement officials. It should in particular: a) establish a mechanism to carry out independent investigations of complaints concerning excessive use of force by law enforcement officials; b) initiate proceedings against alleged perpetrators; c) increase its efforts to provide training to law enforcement officers with regard to excessive use of force, as well as on the principle of proportionality when using force; d) ensure that restraint devices, including TASERs, are only used in situations where greater or lethal force would otherwise have been justified; e) bring its legislative provisions and policies for the use of force into line with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; and e) provide adequate reparation to the victims.
Corinna Horvath
The Legal Centre, with the assistance of Dyson Hore-Lacy SC and Michael Stanton is currently assisting Corinna Horvath seek justice to the UN in a communication dated 19 August 2008.
Corinna Horvath was brutally assaulted and injured by a group of police at her house in 1996. She was later maliciously prosecuted. Despite taking her case all the way to the High Court of Australia, Corinna has still not received the compensation awarded to her by the County Court when it first heard the case in 2001. Furthermore not one of the police involved have been dismissed from Victoria Police, or prosecuted for assaulting her.
The Australian Government have submitted a response.
After reviewing this the Legal Centre, with assistance of Mr David Brett, have issued a comprehensive response to the defence.
Reply to the Australian Government
The Legal Centre is awaiting the decision to be handed down.
TJ Hickey
TJ Hickey is a 17 year old Indigenous youth who died following injuries sustained during a police operation in Redfern NSW on 14 February 2004. In a communication dated 14 February 2010 his mother, Gail Hickey seeks justice for TJ Hickey by applying to the UN Human Rights Committee for a declaration that TJ Hickey's right to life was violated because the investigation of his death was conducted by police from the NSW Police Force, the very police agency implicated in his death.
The Legal Centre is assisted by Emrys Nekvapil of Counsel in this communication.
