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UPDATE (AUSTRALIA): Stephen Khan was released after five years of immigration detention

August 19, 2003

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Updated Appeal 20 August 2003
[UP-19-2002 (UA-09-2002: AUSTRALIA: 'Last resort' for asylum seeker Stephen Khan)]
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UP-30-2003: AUSTRALIA: Update on asylum seeker Stephen Khan

AUSTRALIA: Stephen Khan was released after five years of immigration detention

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Dear Friends

We are pleased to be able to give you good news that Mr. Stephen Khan, a Kashmiri asylum seeker, was released on 6 August 2003 after five years of immigration detention.

Federal court judge Malcolm Lee agreed to place an interim injunction against immigration Minister Philip Ruddock enabling 28 year-old Stephen Khan to be released until a Federal Court hearing into whether his indefinite detention is lawful. The hearing could be six to eight months away.

Mr. Khan was arrested and tortured by the Indian government before fleeing the disputed territory in 1998. He had been in detention in Australia since 9 September 1998 after failing an asylum claim. (To see the full story of the case of Mr. Stephen Khan, please visit the previous AHRC urgent appeals: UA-09-2002: AUSTRALIA: 'Last resort' for asylum seeker Stephen Khan, UP-19-2002: AUSTRALIA: No response from Minister on asylum case)

However, the Federal Court released Mr. Stephen Khan on certain conditions and there still exists the possibility of his deportation to India. The conditions include that he has to reside at certain place and shall not live elsewhere; he has to report in person two times and by telephone three times each week to the office of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) and he has to leave if the Australian government orders him to leave.

Mr. Khan's lawyer, John Cameron, has foreshadowed a constitutional challenge, arguing that the government has been illegally using Mr. Khan's detention as a deterrent and a punishment.

The AHRC requests you to write letter to the Minister for Immigration and Multicultural Affairs to pressure DIMIA to desist in its actions against Stephen Khan. In addition, your action is needed to change the policy of the Australian government against asylum seekers.

Suggestion Action

Please send a letter to:

1. Philip Ruddock, MP
Minister for Immigration and Multicultural Affairs
Suite MF 40
Parliament House
Canberra ACT 2600
AUSTRALIA
TEL: +61 2 6277 7860
FAX: +61 2 6273 4144
EMAIL: minister@immi.gov.au
SALUTATION: Dear Minister

SEND COPIES TO:

1. John Howard MP
Prime Minister
House of Representatives
Parliament House
Canberra ACT 2600
AUSTRALIA
TEL: +61 2 6277 7700
FAX: +61 2 6273 4100
SALUTATION: Dear Prime Minister
Also you can send an email via his home page: http://www.pm.gov.au/youreedback/feedback.htm

2. Prof. Dr. Ruud Lubbers
United Nations High Commissioner for Refugees
C.P. 2500
Geneva 2,
SWITZERLAND
TEL: +41 22 739 8111
EMAIL:webmaster@unhcr.ch
SALUTATION: Dear High Commissioner
PLEASE MARK: ATT - HIGH COMMISSIONER LUBBERS

Suggested letter:

Dear Minister

I'm very pleased to know that Mr. Stephen Khan, a Kashmiri asylum seeker, was released by the decision of the Federal Court on 6 August 2003 after five years of detention by your department. I urge you to desist in your legal action against Mr Khan, and now permit him to reside peacefully in Australia, as was his original intention.


I also hope you will reconsider your policies on mandatory detention and asylum, and reconsider the cases of all other detainees in Australian detention centres demonstrating evidence of legitimate claims like Mr Khan.

Sincerely yours,

______________________

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-30-2003
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.