UN human rights committee to decide on mandatory sentencing
An Indonesian fisherman who is imprisoned in Australia under mandatory sentencing for people smuggling has launched the first international case against those laws, claiming they violate human rights. The fisherman Mr Nasir (he has only one name) is serving a five year sentence for being a cook on an asylum seeker boat. He is being represented by the University of New South Wales’ Human Rights Clinic.
Under the Australian Commonwealth Migration Act 1958; the people smuggling offence carries a mandatory minimum five-year sentence with a three-year non-parole period – regardless of whether the person is an organiser or low-level crew. Current law does not allow the sentence to be appealed.The claim, filed with the United Nations Human Rights Committee in Geneva, seeks compensation and a public apology, as well as changes to Australian laws and policies. It also seeks Mr Nasir’s immediate release.