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Australia: Handover of Sri Lankan asylum

seekers a dangerous precedent


The proposed handover of 153 asylum seekers to Sri Lanka's avy
!ould put Australia in "latant "reach of international la! and set a dangerous
precedent# said Amnesty $nternational%
A hearing at the High &ourt in 'el"ourne on Tuesday has put the transfer in dou"t#
after an application !as "rought on "ehalf of the asylum seekers that !ere recently
intercepted "y the Australian avy on their !ay from $ndia% (n Sunday# Australia
returned )1 aslyum seekers# that had tried to reach the country# to Sri Lanka's avy%
The decision that the !hole High &ourt !ill hear the challenge reflects the gravity of
the Australian government*s deeply concerning proposal to return asylum seekers to a
country !here their lives may "e at serious risk#+ said Amnesty $nternational Australia*s
,efugee Spokesperson -raeme 'c-regor%
The -overnment*s temporary commitment they !ill not transfer the asylum seekers to
Sri Lanka !ithout giving ./ hours notice is a small step in the right direction# "ut the
asylum seekers remain indefinitely held at sea# setting a dangerous precedent%
Sri Lankan asylum seekers on the first boat sent back by Australia queue to enter the magistrate's court in the southern port district of Galle on July 8,
!"#$
Throughout this process# the -overnment has continually failed to provide even "asic
ans!ers to the 0uestions a"out the asylum seekers* !herea"outs and their safety%
$t*s taken a High &ourt challenge for the -overnment to even confirm the "oat e1ists%
There still remain many unans!ered 0uestions a"out the missing asylum seekers*
!herea"outs%
Amnesty $nternational continues to have deep concerns a"out the shroud of secrecy
imposed "y the -overnment all under the guise of "order security%+
Sri Lankans screened out at sea
2arlier this !eek# in an unprecedented move# the -overnment confirmed it had
su"3ected )1 Sri Lankan asylum seekers to !hat it calls an 4enhanced screening
process* via video link%
This denied asylum seekers a fair and ade0uate chance for their refugee claims to "e
processed%
Asking asylum seekers only four 0uestions each "efore handing them "ack to Sri
Lankan authorities runs an e1tremely high risk of returning genuine refugees to torture#
persecution or death#+ said 'c-regor%
$f the Australian government !ants to address the loss of asylum seekers* lives# it
should not "e returning them to a country !here their lives may "e in grave danger%
Australia stands alone in failing to recognise the ongoing human rights violations
taking place in Sri Lanka#+ -raeme 'c-regor added%
All asylum seekers arriving "y "oat should "e processed in Australia under a prompt#
rigorous and fair ,efugee Status 5etermination system% Amnesty $nternational calls on
the -overnment to immediately cease any policy to turn "ack asylum seeker "oats%
Sri Lanka*s ongoing human rights a"uses
Human rights organisations including Amnesty $nternational and the Human ,ights
La! &entre have long documented the human rights a"uses !idely committed "y the
Sri Lankan authorities against those that pu"licly oppose it%
5espite the end of the /667 conflict# the Sri Lankan -overnment has systematically
and violently cracked do!n on its critics%
Sri Lankan asylum seekers have faced torture upon return to Sri Lanka from countries
such as the 89% Torture has "een reported in reha"ilitation camps# "y police and
military personnel in the conte1t of counter insurgency against the Li"eration Tigers of
Tamil 2elam :LTT2; and also in the conte1t of civil policing% All ethnic groups in Sri
Lanka continue to face risks of torture in police custody# including se1ual violence#
!here it is pervasive% $n several kno!n cases# Tamils !ho have "een returned to Sri
Lanka have faced ar"itrary arrest and detention%

The decision that the !hole High


&ourt !ill hear the challenge reflects
the gravity of the Australian
government*s deeply concerning
proposal to return asylum seekers to
a country !here their lives may "e at
serious risk%
%
Graeme McGregor, Amnesty International
Australias Refugee Spokesperson

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