this post was submitted on 04 Oct 2023
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Australia will pay $27m compensation to Indonesians held in adult jails when they were children (www.theguardian.com)
submitted 2 years ago by LineNoise@kbin.social to c/australia@aussie.zone
7 comments fedilink hide all child comments
 

Commonwealth agrees to settle with more than 120 Indonesians wrongly detained as adult people smugglers, some when they were as young as 12

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[–] DogMuffins@discuss.tchncs.de 9 points 2 years ago (1 children)

It's not really the police to blame here but the judicial system and by extension the Australian people.

It's the police prosecution's job to prosecute - to present the case against an individual charged with a crime. It's the court's job to determine what, of the evidence provided, is credible and whether the weight of evidence is sufficient to convict. Er go, a judge allowed a jury to be convinced of this evidence.

Assylum seekers haven't really been making headlines in Australia in the last decade or so as a result of a raft of aggressive policies that Australians have supported all the way along. Lets not forget the fever pitch of the successful "stop the boats" liberal campaign in 2013, that Australia showed dramatic support for.

[–] abhibeckert@beehaw.org 7 points 2 years ago* (last edited 2 years ago) (1 children)

It’s the police prosecution’s job to prosecute

It's also the their job to not prosecute when doing so would be inappropriate.

How many times has an Australian law enforcement office prosecuted a 12 year old kid for people smuggling? Surely the number is zero. So why were 12 year old kids detained pending a prosecution that was never going to happen?

If it was "detained until we could find somewhere safe to take them" that would be perfectly fine as long as they find somewhere very quickly. These kids were held in jail for years.

Imagine if the cops walked into an Australian school, grabbed a a kid out of a class room, put him in prison for three years, and then released the kid, and it turns out later they never had any evidence the kid committed a crime. They just did it because it because someone told them to. We wouldn't be OK with that. And that's exactly what happened here, the only difference is the kids weren't born in Australia so somehow that makes it OK (to some Australians).

Those kids held in adult detention centres didn't break any law. There was never anyone who accused them of breaking any law. They should never have been locked up.

[–] DogMuffins@discuss.tchncs.de 2 points 2 years ago (1 children)

I disagree. The police should have very, very little discretion as regards deciding whether to prosecute. Where a crime has been committed, the reasons not to prosecute should basically be limited to a lack of evidence, or procedural issues. If the court has shown a willingness to allow this x-ray evidence then the police should not have discretion not to use it.

Police apply the law, the populace ensures the law is ethical.

[–] Marsupial@quokk.au 2 points 2 years ago* (last edited 2 years ago) (1 children)

Do you think any time a crime has been committed, every suspect should be locked up until it can be proven they’re not guilty by a court?

That’s a fucked view mate.

[–] DogMuffins@discuss.tchncs.de 2 points 2 years ago (1 children)

Sorry mate I think you might have misunderstood what I'm trying to say.

In my view, police should be procedural, they should not be making decisions about what's fair or appropriate - the law (and by extension police procedures) decides what's fair and appropriate.

A police force running around using discretion to "do the right thing" is unable to avoid corruption, profiling, nepotism and prejudice - all the hallmarks of an unjust constabulary.

every suspect should be locked up

No, obviously you only charge suspects when you have sufficient evidence, evidence which courts have established is sufficient.

[–] abhibeckert@beehaw.org 2 points 2 years ago* (last edited 2 years ago) (1 children)

Those 12 year old kids were not running a people smuggling operation. They were clearly victims not suspects.

Kids can definitely commit crimes, for example if they're caught driving 140km/h on a residential street in a stolen car... absolutely detain the kid.

But even then, you don't detail them for years. You detain them overnight, and you prosecute immediately (after, obviously, letting the kid talk to their parents and a lawyer).

[–] DogMuffins@discuss.tchncs.de 1 points 2 years ago

Goodness me.

Those 12 year old kids were not running a people smuggling operation.

This is true of course, but they were caught in the act of people smuggling, so they need to be processed according to the law. The people of Australia elect representatives which create Legislation. The police do not and should not have the authority or discretion to choose which laws they apply.