Refugees in Nauru and Papua New Guinea's Manus Island are accusing the Australian government of torture and crimes against humanity.
The non profit National Justice Project today filed two class actions in the High Court covering all those remaining in Nauru and Manus.
It's also alleged the refugees have been subjected to, severe deprivation of physical liberty and inadequate conditions.
The refugees say they have been arbitrarily imprisoned and denied access to proper medical assessment and treatment.
The groups from Nauru and Manus are seeking injunctions to stop the alleged breaches of Australia's duty of care as well as damages.
Mackenzie Smith spoke with National Justice Project lawyer George Newhouse.
A refugee protest at the East Lorengau Tranist Centre, 24-11-18.
Photo: Behrouz Boochani
Transcript
George Newhouse: They'll be covering all of the remaining asylum seekers on Manus Island and Nauru - around 1,200 people in total. And the plaintiffs are alleging that the group members in each class action have been subjected to torture, crimes against humanity and the intentional infliction of harm by the Australian government.
Mackenzie Smith: These are quite serious allegations. How do you think they will stand up in this court case?
GN: Well, it's always difficult to predict how matters will stand up in court. But there is enough evidence. We've seen it in the cases of the children that we've had to rush to court to have moved to Australia for medical treatment. We've seen it in the people that have died offshore. There are 12 people that died offshore because of the way they've been treated by the Australian government. And you've heard it in the statements of Australian politicians. Let me quote Malcolm Turnbull, in 2014, who said: 'we have harsh measures, and some would say cruel measures, but the fact is if you want to stop people smuggling you have to be very tough.' It's quite explicit there that the government is being cruel to these asylum seekers to deter other people from coming by voat.
MS: We're seeing a lot more pressure being placed on the Australian government in recent months, especially in relation to children on Nauru. Do you think there's going to be more claims and more lawsuits to follow this one?
GN: Well, I'm not sure. It's taken six years for us to get to the stage where people are breaking down, children are at risk of dying on Nauru and Manus Island. You may see more litigation or court cases arising from the situation on Manus and Nauru, but that's because it's desperate. The Australian government has kept these people [as] virtual prisoners on islands in the Pacific for the past six years and they're just breaking down.
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