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Cherie Booth tells UN of `cruel and inhuman punishment'

By DEBRA JOPSON

20 July 2000 - The case of an Aboriginal man known only as "X" is at the heart of a complaint lodged by the wife of the British Prime Minister against mandatory sentencing laws with a United Nations committee, the Federal Government revealed yesterday.

The complaint by Ms Cherie Booth, QC, alleges "cruel and inhuman punishment". It says mandatory sentencing laws in the Northern Territory and police practices associated with them discriminate against Aborigines in comparison with their effect on other people.

Ms Booth's complaint, made as a QC to the UN's Human Rights Committee on behalf of four Territory Aboriginal legal aid services, is called an "individual communication" in UN-speak.

Such communications are considered separately to the periodic country reports. Two Australian periodic reports on this country's record will be considered today by the UN's Human Rights Committee.

But Ms Booth's contribution is likely to further focus attention on criticisms which indigenous leaders, including Geoff Clark and Dr Bill Jonas, are taking personally to Geneva.

In her written argument, Ms Booth alleges the mandatory sentencing laws are in breach of several articles of the International Covenant on Civil and Political Rights, a spokeswoman for the Attorney-General, Mr Williams, said yesterday.

The Australian mission in Geneva received the full detail on Tuesday night, and yesterday Mr Williams's office had an outline of the complaint. It must respond to it, on the basis of admissibility and merit, by January.

Afraid that the identity of X and any other Aborigines whose cases are mentioned could be revealed, the North Australian Aboriginal Legal Aid Service and the Geneva mission refused to release the full, lengthy communication last night.

However, Mr Williams's office was able to reveal that it alleges that Article 9 of the convention was breached in the case of X "because the sentencing was disproportionate to the crime committed and was manifestly unjust and inappropriate".

This also breached the prohibition on arbitrary detention, the complaint says. The communication also alleges "egregious infraction on the prohibition on race discrimination" and a prohibition on "degrading treatment or punishment".

Further articles were breached because the sentencing had been imposed by the legislature "not subject to judicial control". This compromised judicial independence and there was no appeal system for reviewing the sentencing, Ms Booth told the committee.

The complaint claims all legal avenues have been exhausted for X, making it a case for international consideration.

However, Mr Williams's office said this had yet to be proved.

The Minister told ABC Radio: "The fact that Cherie Booth is involvedon it is neither here nor there. She is merely acting as a lawyer for the complainant."

None of the issues raised was new, having been raised before the UN's Committee for the Elimination of Racial Discrimination, he said.

The committee earlier this year was critical of Australia over its mandatory sentencing laws.

Mr Williams's spokeswoman said that of 50 individual communications made to the UN over three human rights conventions, 27 had been finalised and only three were found to be adverse to the Government.

Mr Williams has said that the Federal Government will consult the Territory Government before making its response.

Source: The Sydney Morning Herald

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