Senator the Hon George Brandis QC

Senator the Hon George Brandis QC

Attorney General

Robert Garran Offices

3-5 NationalCircuit

BARTON ACT 2600

Dear Senator Brandis

RE: CONCERN OVER AUSTRALIAN GOVERNMENT'S ASYLUM SEEKER POLICIES & TREATMENT

The undersigned are members/associates of the congregation of the UnitingChurch in Australia (UCA) within Bendigo, Central Victoria. .

In past weeks, Prime Minister Tony Abbott and Minister for Immigration & Border Control, Scott Morrison, have dismissed reports by United Nations and Amnesty International which condemn conditions on Manus Island & Nauru as cruel and inhumane; downplayed a report by 15 doctors that the health services on Christmas Island are inadequate and even dangerous; ended the contract of the Salvation Army which provided services to protect the mental health of asylum seekers who have been sent there; and disbanded the Independent Health Advisory Group whose task it was to give independent feedback on the health of asylum seekers.

As well as this, Mr Abbott and Mr Morrison have taken no action regarding the advice of the Australian Human Rights Commission and the High Court that indefinitely detaining people & their children, found to be genuine refugees, on the basis of politically motivated " negative" ASIO security assessments is in breach of the International Covenant of Civil & Political Rights and the Convention on the Rights of the Child. These refugees have committedno crime, had no trial & face no charges, yet some have been imprisoned for over four years and according to Ombudsman's reports, the majority suffer from severe mental health issues.

Using arbitrary detention for asylum seekers, and subjecting people (including children) to conditions which put their physical & mental health at risk in order to persuade them to return to their homelands, and deter further people from seeking asylum in Australia, breaches the following international human rights conventions:

* The United Nations Refugee Convention & Protocol

*The International Covenant on Civil & Political Rights

* The Convention on the Rights of the Child

*The Convention against TortureOther Cruel, Inhuman or Degrading Treatment or Punishment.

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Further to this, it appears to constitute a crime against humanity contrary to section 268.12 of the Criminal Code (Commonwealth);

268.12 Crime against humanity - imprisonment or other severe deprivation of physical liberty

(1) A person (the perpetrator) commits an offence if:

(a) Theperpetrator imprisons one or more persons or otherwisedeprives one or more persons of physical liberty; and

(b) the perpetrator's conduct violates articles 9, 14 or 15 of the Covenant; and

(c) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 17 years.

Article 9 of the Covenant prohibits arbitrary detention, yet people sent to Nauru and Manus Island, by Australia at Australia's expense, are being arbitrarily detained in disturbing conditions. The refugees without ASIO security clearances are also being arbitrarilydetained. This thenconstitutes a crime against humanity, according to the Criminal Code in section 268.12.

AsAttorney General it is your duty to bring prosecutions where the Government is in breach of criminal law. We also believe that you have a moral obligation to address the Government's breaches of international human rights law. If you do not take this action, we respectfully request that you clearly outline to us the reasons underpinning your inaction. We look forward to your response.

Yours sincerely

Members/Associates congregation, UCA, Bendigo

Cc Hon Tony Abbott, Prime Minister

Hon Scott Morrison Minister for Immigration & Border Control

Lisa Chesters, Member for Bendigo