The continuing saga of the Basikbasik case and the role of the Australian Human Rights Commission

AHRCentre Chair Andrew Byrnes writes in reference to the Basikbasik case (see previous story) that the guarantee against arbitrary detention contained in Article 9 of the ICCPR has a long history in the common law and is a right fundamental to our system of law and politics. It is increasingly being encroached on by the executive and legislature, and we must continue to insist that the state clearly justify the exercise of its powers to detain, and that it comply with its international obligations in the formulation and implementation of such powers. These are important issues of justice and legality that go to the heart of a liberal democracy governed by the rule of law. On these issues we are entitled to a more balanced, informed and reasoned discussion from our politicians, media and public commentators than we have had to date.

To read the full report by Prof Byrnes, click here.