High Court asked to declare Manus detention illegal as 859 detainees seek their day in court

Amy Maguire, University of Newcastle

A writ of summons was registered in Australia’s High Court on Wednesday on behalf of 859 detainees at the Manus Island detention centre. This is a class action initiated against Australia, Papua New Guinea, the two countries’ immigration ministers, PNG’s attorney-general and the companies that administer the centre.

The detainees want the High Court to use its original jurisdiction in judicial review of their transfer to and detention on Manus Island. They seek an injunction to prevent their removal to Nauru or elsewhere until the court hears the matter.

Recent background

This action follows the PNG Supreme Court finding that the detention on Manus Island is unconstitutional. The PNG Constitution contains a Charter of Rights that strictly limits the circumstances under which people may be deprived of liberty.

As Australia forcibly transferred the detainees, they were not responsible for their own unlawful entry to PNG. Therefore, no constitutional exception could permit their legal detention.

Following the Supreme Court decision, PNG Prime Minister Peter O’Neill announced the Manus Island centre would close. He asked Australia to “make alternative arrangements for the asylum seekers”.

O’Neill’s Australian counterpart, Malcolm Turnbull, said Australia would not accept the detainees. Australia’s immigration minister, Peter Dutton, described them as PNG’s responsibility.

Basis for the claim

The detainees argue their detention is illegal on international, constitutional, administrative and civil law grounds. They are asking the High Court to declare that their detention constitutes:

What are the detainees seeking?

The detainees request relief via the ancient writ of habeas corpus. They want to be brought before the High Court so its judges can determine whether their detention is legal.

The detainees hope the court will then issue a writ of mandamus. This would order the government to bring them to Australia to process their refugee claims.

Finally, the detainees seek a writ of prohibition, to prevent their transfer to any other place until the case has been decided and their claims assessed.

The detainees are seeking damages and costs. They may also take action in PNG for compensation. A PNG legal representative of many detainees estimates that up to A$1 billion could be owed.

This action echoes earlier high-profile claims, like the Tampa case. In such cases, human rights lawyers seek to vindicate the rights of asylum seekers who lack access to Australian courts due to their forcible offshore detention.

Other advocates have sought the aid of international courts. They argue Australia’s actions against asylum seekers who seek to arrive here by boat inflict crimes against humanity.

The High Court will hear the application on May 23.

Australia’s human rights problem

Around half of those detained on Manus Island have already been assessed to be genuine refugees. Yet most remain in detention, in part because their safety is at risk if they leave the centre.

The refugees would not face the same level of risk were they to be resettled in Australia. Yet PNG law has offered more substantial rights protection to them than Australian law.

The stark contrast between Australian and PNG law is in the relative degree of formal protection for human rights. Whereas PNG has a Charter of Rights enshrined in its Constitution, Australia lacks constitutional protection. Its government has rejected legislative protection for human rights.

Though Australia professes deep commitment to human rights standards in its foreign relations, it refrains from entrenching these international norms domestically. This position reflects a cultural attitude that the Australian “fair go” is sufficient protection against the excessive use of government power.

The experiences of Indigenous peoples in Australia before the law put the lie to this belief. And if adequate human rights protections are not the universal experience of people in Australia, what hope for asylum seekers who lack access to Australian courts and are demonised in public discourse?

Hope for success

The most recent High Court action challenging Australia’s offshore detention arrangements in Nauru failed. The court found the government was acting in accordance with its constitutional and legislative powers.

However, the majority of judges did regard Australia as bearing at least some responsibility for the detention of asylum seekers in Nauru. This may undermine the government’s argument that detainees on Manus Island are PNG’s sole responsibility.

This new action’s distinguishing feature is a request that the High Court use its universal jurisdiction for the first time. The detainees argue that Australia has no legal power to forcibly deport and arbitrarily and indefinitely detain asylum seekers in torturous, inhuman or degrading conditions without legal rights.

If the claim succeeds, it will entirely undermine Australia’s inhumane practices in relation to “those who come across the seas”.

Amy Maguire thanks Jay Williams, barrister-at-law of Frederick Jordan Chambers, for providing the original writ of summons used to initiate this action in the High Court.

The Conversation

Amy Maguire, Senior Lecturer in International Law, University of Newcastle

This article was originally published on The Conversation. Read the original article.

Tanzania: Terrorism Spreads to Country

The links below are to articles reporting on a terrorist attack in Tanzania, which is becoming a new centre for islamic terrorism.

For more visit:


By Elizabeth Kendal

Religious Liberty Prayer Bulletin

Special to ASSIST News Service

The Margala Hills are all that lie between al-Qaeda-Taliban jihadists and their goal: nuclear-armed Islamabad. While most popular media reports give the impression that this crisis has only recently emerged, this is far from the case. The reality must be absorbed and lessons must be learned.

In 2003, as part of their ‘War on Terror’ alliance, America and Pakistan agreed that the Pakistani Army be given the job of eliminating al-Qaeda and Taliban elements in Pakistan’s Federally Administered Tribal Agencies (FATA) of North West Frontier Province (NWFP). However, a high death toll — including the loss of possibly 3000 soldiers — weakened both Army moral and public resolve, creating domestic political problems for then-president General Musharraf.

In pursuit of political gain, Musharraf brokered ‘land-for-peace’ deals with the al-Qaeda-Taliban alliance. In February 2005 South Waziristan was ceded, followed by North Waziristan in September 2006. With this ‘peace’, the military withdrew and jihadists were released from prison with compensation on a mere pledge not to engage in terrorism. If there were a turning point in the ‘War on Terror’, this unconditional surrender of Waziristan was surely it, for the power of the al-Qaeda-Taliban alliance has grown in both Afghanistan and Pakistan ever since.

The jihadists were never going to be pacified so long as their goal — the total Islamisation and Talibanisation of fortress Afghanistan and nuclear-armed Pakistan — remained unchanged and unrealised. The ‘Islamic Republic of Waziristan’ simply became a terrorist sanctuary and launching pad for further advances. Within months several more tribal areas had fallen under Taliban control. (‘Land-for-peace’ deals with agenda-driven fundamentalist Islamists and jihadists secure incremental Islamist advance, not peace.)

In July 2007 the government’s assault on the Islamists of the Lal Masjid (the Red Mosque in the centre of Islamabad) left some 100 Islamists dead. (The Islamists say thousands died, including children.) Consequently in September 2007 Al-Qaeda declared jihad against the government of Pakistan and the war was on in earnest. This war pits a determined al-Qaeda-Taliban alliance (with numerous high-level sympathisers) against an unstable and equivocating Pakistani government and a conflicted and divided Pakistani Army plagued by Pashtun and Sunni defections.

In the 18 months since, the jihadists have held or captured all the tribal areas. In February 2009 President Asif Ali Zardari brokered a ‘sharia-for-peace’ deal with the Taliban in Malakand Division which comprises one third of NWFP and includes the glorious, albeit Taliban-held, Swat Valley. All of NWFP is now either ceded to the Taliban or under some degree of Taliban control or influence.

Emboldened by its Malakand victory and its advances in strategic Peshawar, the Taliban launched its Spring Offensive with a further escalation. In early April a more united Taliban (see RLP 518, 23 Feb 2009) surged with little resistance south east from Swat (towards Islamabad) into Buner District in a ‘blitzkreig’. From there they quickly infiltrated Haripur District which borders the outskirts of Islamabad and Rawalpindi. According to most Western and Indian analysis and intelligence, Pakistan’s fall is inevitable and imminent, although according to Pakistan, this assessment is ‘ridiculous’.

The Church in Pakistan’s NWFP is already suffering severe repression and persecution under Taliban tyranny. Christians there are living in fear and paying jizya, the’tax’ or protection money demanded of subjugated Jews and Christians in the Quran (Sura 9:29). Their lives are always in the balance. The Church in Islamabad stands on the brink of the same fate. If the al-Qaeda-Taliban alliance manages to capture Islamabad in the months ahead, the world will instantly become a different place, and the Church in Islamabad and across Pakistan will see suffering and persecution unlike anything it has ever known before.

Report from the Christian Telegraph

PAKISTAN: LAHORE – Another Deadly Terrorist Attack

There was another terrible terrorist attack in Lahore, Pakistan, today. Terrorists have attacked a police training centre and killed some 20 people and injured another 90 from initial reports coming out of Pakistan.

Hopefully this attack will provoke the Pakistani government into seriously dealing with the Taliban and terrorists operating from within Pakistan. There seems to be a widely held view (including my own) that there are many within Pakistan supporting both the Taliban and terrorism – including a number of people with the Pakistan security forces.

BELOW: Some footage of the attack


Thousands of Eritrean believers are languishing in military prisons, in labor camps, and in shipping containers in the open desert, reports MNN.

Carl Moeller with Open Doors reports a spot of good news: “Two elderly members of the Kale Hiwot church, who were arrested last November and held at a military concentration camp, have been released, apparently on bail. In addition to that, we also learned that another gentleman, Solomon Mengese, was released.”

Their detentions were linked to Christian activities. Though the government denies religious persecution, Open Doors notes a heavy concentration of arrests and detainment of Bible-believing Christians.

The Kale Hiwot members were men in their 80s, arrested in November, and jailed in Mitire-camp. The camp is a military concentration camp in northeastern Eritrea. Moeller says that the area is believed to be where many Christians are being held.

Mengese is a Full Gospel Church member and gas station owner who was imprisoned for six months in Asmara’s Police Station number 2. He was released two weeks ago.

Meanwhile reliable sources in Eritrea confirmed the number of Christian prisoners in Wi’a Military Training Centre. According to Open Doors, among the 2,900 believers imprisoned, there are 270 Evangelical Christians–including 135 women–kept at Wi’a.

Their sources say the prisoners are facing miserable circumstances as they refuse to deny their faith.

According to the sources, Wi’a Military Training Centre also holds 27 Muslim prisoners who were arrested in Assab for opposing the government-appointed Mufti. They have been in the centre for one year and six months and are mostly kept underground, separate from other religious and military prisoners.

Open Doors’ sources were also able to confirm that the number of Evangelical Christians kept at Massawa Police station is 50, including 15 women. According to these sources, the relatives and friends of the prisoners may bring them food once a day, but they are not allowed to see the prisoners.

Eritrea banned all independent Protestant churches in 2002. Only Islam and the Eritrean Orthodox, Catholic and Lutheran Christian denominations were given official recognition. Buildings of all other churches were closed, and private gatherings in homes were banned. Worshippers caught disobeying these restrictions have faced arrest and torture in prison camps notorious for their horrific circumstances.

Moeller asks believers to “pray that the church in Eritrea will continue to stand strong in the midst of this. We need to pray for those imprisoned, that they would know that they are not forgotten. And third, we need to pray that the denominations that have been sanctioned by the government would speak out on behalf of those who have been imprisoned.”

Report from the Christian telegraph


Uzbekistan has since the beginning of March imposed short jail terms on four Protestants, as well as detaining three more in a centre for the homeless, Forum 18 News Service has learnt.

Three Protestants were each jailed for 15 days, after police raided a meal in a private home where the three were present, and three more were held in a homelessness centre for between four and eleven days.

Asked why individuals must ask for permission to gather for a religious purpose, the judge told Forum 18 that “I am not a law-maker, and I don’t want to discuss the law.” In a separate case, a Baptist was jailed for 10 days after some 20 officials from various state agencies – including the Presidential Administration – raided a prayer meeting in a registered church.

Officials told church members that they need special permission for any services apart from those on Sundays, though Forum 18 can find no requirement for this in published laws or regulations.

Report from the Christian Telegraph


The BBC has reported that Israeli air force jets have bombed the Islamic University in the Gaza Strip, a significant cultural symbol for Hamas, reports Dan Wooding, founder of ASSIST Ministries.

Warplanes also struck Hamas government offices as air raids aimed at forcing Palestinian militants to halt rocket fire into southern Israel continued.

Palestinian medics say nearly 300 people have been killed in the air raids that began on Saturday.

Israel has threatened to launch a ground assault and is now calling up 6,500 army reservists.

Witnesses in Gaza said they saw six separate air strikes on the Islamic University, hitting a laboratory building, just after midnight.

The university is a centre of support for Hamas – the Islamist militant group which controls the Gaza Strip. Many of its top officials graduated from there.

A BBC journalist in Gaza said the university authorities had evacuated the campus a few days ago as they had been expecting a strike.

Some years ago, I accompanied Brother Andrew, the Dutch-born best-selling author of God’s Smuggler, into Gaza City and it was then that he revealed that he lectured on “Biblical Christianity” at the Islamic University there.

“I was invited to teach on ‘Biblical Christianity’ to the students there,” he said. “When all they were assembled, they were told that I would speak to them about the Bible and some of them tried to leave the lecture hall, but the Hamas leaders blocked their way and they had to sit through my lecture.

“I was also allowed to bring Arabic New Testaments and hand them out to the students.”

Brother Andrew once told the Hamas leaders, “I can’t change the situation you face here in Gaza. I can’t solve the problems you have with your enemies. But I can offer you the One who is called the Prince of Peace. You cannot have real peace without Jesus. And you cannot experience Him without forgiveness. He offers to forgive us of all our sins. But we cannot receive that forgiveness if we don’t ask for it. The Bible calls this repentance and confession of sin. If you want it, then Jesus forgives. He forgave me and made me a new person. Now I’m not afraid to die because my sins are forgiven and I have everlasting life.”

Brother Andrew, who is also the founder of Open Doors, the international organization supporting persecuted Christians, is convinced that the number of Muslims involved in suicide bombings will increase in the coming years. Andrew has visited Lebanon, Israel and the Palestinian areas regularly since the early 1980’s, encouraging the Christians and speaking with radical Muslims about the Gospel. He describes the militant Muslims as deeply depressed.

“They are facing insurmountable problems: they will never be able to defeat Israel and the United States militarily, and their faith makes it very difficult for them to enter Paradise,” he says. “Muslims know that they can only be saved by good works, but they also know that they do more evil deeds than good. Many Muslims are convinced that they will end in Hell when they die.” They also have to admit that Allah does not answer their prayers. The Koran also shows them no way to be saved. Together, that leads many radical Muslims to choose death in Jihad, the holy war, because that is the only direct way to Paradise. “They see no reason to live, so choose the only reason to die,” he said, addressing the 900 attendees of the Open Doors Day in Niedernhausen, Germany, on November 26th, 2005, the 50th anniversary of Open Doors Germany.


Hamas, Hezbollah, PLO: immense interest in the Gospel

“Unless we Christians go to the Muslims and tell them that they do not have to die because Jesus died for their sins too, the dramatic situation in the Near East, Iraq and Afghanistan will not change,” he said, reminding Christians of their responsibility. In many encounters with leaders of Hamas, Hezbollah and the PLO, he regularly senses a great interest in the message of Christianity. “I have given thousands of Bibles to radical Muslims, and no-one has ever refused. I have also often spoken with them about Jesus who died for the sins of the world, and nobody has killed me for it.”


Be an example, don’t discuss

Andrew called on Christians to show more courage and mercy towards Muslims, who are desperately seeking meaning in life. Many Christians have resigned in the face of the Muslim challenge. “Muslims do not believe, as we do, that Jesus is the son of God, and that he poured out his blood on the cross for the sins of the world. But that is exactly the answer we must give them in their situation.” Christians should seek contact with Muslims, and tell them the Good News in love. “We will never win the encounter with Islam through discussions or sermons. We have to go and show them how Jesus can change people.”

Report from the Christian Telegraph


Churches in India have joined in widespread denunciation of a series of bomb blasts that killed at least 76 people and left more than 400 injured in Assam state, in north-east India, and that also damaged a Baptist centre, reports Ecumenical News International.

“We strongly condemn such heartless violence unleashed to common people,” said the Council of Baptist Churches in North East India (CBCNEI), which was also hit by one of the 11 almost simultaneous bomb blasts in three major cities of Assam on 30 October.

One of the six bombs that rocked Guwahati, the capital of Assam state, exploded at a gate in front of the offices of the church council that groups Baptist churches in north-east India.

Report from the Christian Telegraph