Pre-Emptive Assaults
Pamela Curr
April 2003
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Those who have watched the progress of the abasement of human rights in Australia and the normalisation of abuse, such that it is not even remarked upon, are now seeing detainees denied the basic protections which our laws and democratic institutions offer to the rest of us. Only a few decades after the stolen children, and it is happening AGAIN.

In the past it has become apparent that not lawyers, doctors, psychiatrists nor human rights organisations have any power to act or intervene on behalf of detainees in the face of the power of the Minister and the Migration act. It is a disturbing and shameful fact, but fact it is, that detainees are at the mercy of ACM, DIMIA and the Minister. We have seen this recently where a psychiatrist or doctor has made recommendations regarding treatment, and DIMIA have over-ruled these, often placing a mentally ill person in solitary.

Well, we can now add the police to the list of institutions who refuse to act, and who deny any responsibility in the matter of people injured or assaulted in detention centres, except if they are Guards. This was explicitly explained.

Yet while the government is resourcing 300 police to face off the Easter Convergence, there are apparently no resources for two police to drive 10 kilometers down the road and investigate an alleged serious assault on eight detainees.

On Sunday, 6 April, eight detainees were taken to the Management unit of Baxter detention centre and placed in solitary. They were told they were considered likely to escape, so they were being removed and locked up until after Easter; a pre-emptive strike, as it were. Most if not all come from Curtin, where Commandant Greg Wallace held sway until he took over Baxter.

After Wallace's recent stupidity in leaving the power turned off so that the "energised fence" was not "energised" and two men escaped, he is no doubt determined to prevent further escapes from the million dollar security system. Wallace put out a line that the detainees had stolen rubber gloves and climbed over the fence with them. Anything rather than admit that he turns the electricity off. Maybe trying to save money. Who knows?

Sometime between Sunday and Thursday the men became upset at their continued isolation and began to cry out. It is alleged that they were then beaten, flexi-cuffed on hands and feet, and had tape placed over their mouths. This was witnessed.

Since then several people in several states have contacted or attempted to contact lawyers, politicians, human rights organisations, DIMIA and ACM, all to no avail. We know the power of the Migration Act. The Minister can over-rule any other authority. Advice from a UNHCR delegation last year was simply scoffed at by the government.

In frustration I attempted, for me, a new strategy. I rang the Port Augusta Police Station and spoke to (? status) Kim Mayger. I explained that I wished to make a complaint about an alleged assault and asked the police to investigate and determine if an assault had taken place, and if so to take action. He said that the alleged victims had to make the complaint. I explained that this was not possible as they were not allowed to make a phone call.

My calls began at 9.30pm

As the matter was buck-passed, what also came out of discussions with seven officers was that there is an assumption that ACM is doing the right thing and that detainees / "illegal immigrants" have no rights. Six of the seven officers asserted that ACM "know what they are doing and do what they are trained to do". Three of these officers found it necessary to tell me that they "had every confidence in ACM". There was no pretence even at an unbiased attitude.

We have been told by ACM that only their lawyers were allowed to speak to them. A lawyer was contacted and asked if she would call, but she decided not to do so. We wanted to get a first hand verification of the incident to take to the police but this did not happen.

Police officer was most unenthusiastic and eventually said he was doubtful about taking the matter further, and then said that CIB would do it if anyone did anyway. I asked to speak to CID (?Branch) and was told that CID said "SA police investigate rapes and murders but not assaults on Commonwealth land." I sought to verify this interesting statement and was given the same reply. Again I was told to contact Federal Police, and "I am not a phone book. Ring Telstra." This call arrived in Canberra who told me it was a serious matter and would be investigated. An officer would ring back.

Ray McDonald rang back and said, "I am happy to take the complaint on Monday morning. I don't know who the appropriate people are to deal with the complaint. All I can do is take details. ACM are a private firm. I do not know what is happening. I operate on the basis that they know what they are doing and are trained to do what they do. I don't know what we can do about it."

It is now 12.20am. My calls to the Federal police have not been returned.

So what do we do? Just sit quietly, while people are locked up in management, and beaten? It has happened before, it will happen again, and there is not a thing we can do about it until one day ACM go too far, and someone dies, and even then it will no doubt be covered up.

The police have no idea who is responsible for investigating, and clearly don't want to get involved or take any action. Mind you, the State is marshalling 300 Police and guards to face off the protesters at Easter, but there is no-one available or willing to investigate the alleged assault of 8 men who may still tonight be bound and gagged. Other detainees report thumping noises such as people banging heads or feet against the walls.

After a solid six hours of calls over two days to both the SA police and Federal Police, I now have to accept that neither will undertake an investigation into complaints on behalf of these detainees.

Tomorrow night the roads into Baxter will be blocked from both ends, two and three kilometres from the entrance.

With no explanation, eight people were handcuffed and taken suddenly to management unit on Saturday, 5 April. When I asked why, they were told "direction from DIMIA."

I requested to speak to DIMIA but was refused. ACM said, that DIMIA said, they were trouble makers.

At least one, maybe more men, handcuffed for 48 hours. "H" had his mouth taped. Cannot say what happened to everyone because they are in solitary cells and cannot see or hear others. They are being let out for 10 minutes three times per day to have acigarette and get fresh air in small compound, but not allowed to ring lawyers.

Notes on calls:

Last night I rang SA police and Federal police from 9.30pm until midnight to no avail.

I began again today, asking Federal Police. I rang the Canberra number. It took 20 minutes to be connected to an officer Colleen Power[CP] who said that "as far as I am concerned it is a South Australian (police) matter."

Next step, contact the Ombudsman. It was explained that this had been done and was unlikely to elicit a response for some time.

CP said that she would get an AFP [Australian Federal Police] officer to contact me from SA [South Australia]. Still no call. Rang CP again. Rang third time when no call.

Eventually Officer Lisa Buckland called at 2.45pm and explained that I was asking for an alleged assault to be investigated to determine if a crime had been committed and to take action if this was the case.

Ms Buckland said, "What you want won't happen. Federal police operations only deal with assaults against ACM officers by detainees. I wont be investigating. I have got confidence in the people from Baxter. I know them. They wouldn't do what you're saying." Put it in writing and post to:

Federal Police Adelaide
Operations Management committee
PO Box 200
Kent Town SA 5071

"If you have concerns they will be raised in due course".

NOT much help to eight men in the isolation cells at the Management Unit in Baxter who will be there until after Easter because it has been decided that they are "troublemakers".

Pamela Curr
Refugee Action Collective (Vic)
April 2003
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