70
Azadeh Dastyari and Asher Hirsch
extradition, expulsion or refoulement.”75 The UN Special Rapporteur Against
Torture has found that numerous aspects of Australia’s policies in Papua New
Guinea violate the right of detainees “to be free from torture or cruel, inhuman or
degrading treatment.”76 This is in violation of Articles 1 and 16 of the CAT. The
finding of torture or cruel, inhuman, or degrading treatment against vulnerable
individuals who had sought Australia’s protection highlights the brutality of
Australia’s border protection policies.
conclusion
Australia has sought to control its borders by both air and sea by acting outside its
territory. Sadly, this has come at a significant cost for the safety and security of
vulnerable groups including refugees and has placed Australia in violation of its
international obligations. The Australian prime minister has stated that Australia’s
border protection policies are “the best in the world.”77 Unfortunately, many world
leaders, particularly in Europe, agree and are looking to emulate Australia’s extraterritorial methods.78
Carrier sanctions, airline liaison officers, and the use of technology have limited
the ability of protection seekers to come to Australia irregularly by plane while
interdictions at sea, outside of Australian waters, have prevented the entry of those
seeking protection by boat. Extraterritorial deterrence measures such as third country immigration detention has also acted as a discouragement to any refugees
wishing to seek asylum in Australia by arriving by boat. Australia’s actions have led
to the refoulement of refugees, arbitrary detention, and poor conditions in detention. Such a regime cannot be “the best in the world” and must be dismantled
immediately to ensure Australia’s compliance with its international obligations.
75
United Nations Human Rights Committee, Compilation of General Comments and General
Recommendations Adopted by Human Rights Treaty Bodies (May 27, 2008), } 9, www.ohchr
.org/Documents/HRBodies/TB/HRI-GEN-1-REV-9-VOL-I_en.doc.
76
United Nations Human Rights Council, Report of the Special Rapporteur on Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez (Addendum) (March
5, 2015), www.un.org/ga/search/view_doc.asp?symbol=A%2FHRC%2F28%2F68%2FAdd.1&Su
bmit=Search&Lang=E.
77
P. Karp, “Turnbull Claims Australian Border Policies ‘Best in World’ Despite Widespread
Criticism,” The Guardian, September 17, 2016, www.theguardian.com/australia-news/2016/sep/
18/malcolm-turnbull-australias-border-protection-policy-the-best-in-the-world.
78
D. Ghezelbash, Refuge Lost: Asylum Law in an Interdependent World, Cambridge Asylum and
Migration Studies (Cambridge: Cambridge University Press, 2018).
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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