Human rights lawyers have filed two class actions in the High Court of Australia on behalf of around 1,300 people on Nauru and Manus Island, accusing the Australian government of torture.
The lawyers, led by Julian Burnside QC from the non-profit National Justice Project (NJP), say the plaintiffs – refugee and asylum seekers transferred to the islands by the Australian government – are held in conditions that inflict severe pain and suffering on them, including arbitrary imprisonment, inadequate food and water, and being denied proper medical treatment. The lawyers have also accused the government of crimes against humanity.
They say the government is treating the plaintiffs in this way in order to deter other people from trying to get to Australia to seek asylum.
The NJP's principal solicitor George Newhouse told ABC radio this morning that the NJP would be relying on public statements by the government, documents and numerous inquiries, which have drawn the government's attention to the treatment of people on Nauru and Manus Island, to prove that the infliction of harm was intentional.
"You can have border security without cruelty and that's what these cases are about," said Newhouse.
The plaintiffs are asking for an injunction to stop what they say are the government's breaches of its duty of care, as well as monetary damages.
The lawyers have filed two separate proceedings, one each on behalf of people on Nauru and Manus Island. The cases are likely to be remitted to the Federal Court of Australia because they will involve significant findings of fact.
A class action filed against the Australian government on behalf of 1,905 men detained on Manus Island, alleging physical and psychological injuries and false imprisonment, was settled for $70m last year.
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