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Lawyers for Indonesian jailed in adult prison as a child eye Manus settlement Lawyers for Indonesian jailed in adult prison as a child eye Manus settlement
(7 months later)
Ali Jasmin was 14 in 2010 when he was locked up for five years in a maximum-security facility in Western Australia
Australian Associated Press
Fri 16 Jun 2017 03.15 BST
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Lawyers for an Indonesian locked up in an Australian maximum-security prison when he was a child hope this week’s settlement with Manus Island detainees could pave the way for compensation for their client and other Indonesian youths.Lawyers for an Indonesian locked up in an Australian maximum-security prison when he was a child hope this week’s settlement with Manus Island detainees could pave the way for compensation for their client and other Indonesian youths.
Ali Jasmin, also referred to as Ali Yasmin, was among at least 50 Indonesian children prosecuted by Australian authorities between 2010 and 2012 after they were deemed adults by the since-debunked method of using wrist x-rays.Ali Jasmin, also referred to as Ali Yasmin, was among at least 50 Indonesian children prosecuted by Australian authorities between 2010 and 2012 after they were deemed adults by the since-debunked method of using wrist x-rays.
Jasmin was 14 in 2010 when he was jailed for five years in a maximum-security prison in Western Australia. He is now awaiting a decision by the state’s court of appeal to have his conviction quashed.Jasmin was 14 in 2010 when he was jailed for five years in a maximum-security prison in Western Australia. He is now awaiting a decision by the state’s court of appeal to have his conviction quashed.
A legal bid seeking compensation of $103m has been launched in Indonesia on behalf of 115 youths who were detained as adults in Australia but the government argues they cannot be sued in that jurisdiction, citing sovereign immunity.A legal bid seeking compensation of $103m has been launched in Indonesia on behalf of 115 youths who were detained as adults in Australia but the government argues they cannot be sued in that jurisdiction, citing sovereign immunity.
Jasmin’s lawyer, Sam Tierney from Ken Cush and Associates, said the firm was “examining avenues” to launch an action in the federal court seeking compensation for Indonesian children.Jasmin’s lawyer, Sam Tierney from Ken Cush and Associates, said the firm was “examining avenues” to launch an action in the federal court seeking compensation for Indonesian children.
“We are interested to note the outcome of the Manus case. We would obviously welcome a similar decision to compensate the Indonesian children for the detention which was wrongly visited on them.”“We are interested to note the outcome of the Manus case. We would obviously welcome a similar decision to compensate the Indonesian children for the detention which was wrongly visited on them.”
The class action seeking damages on behalf of 1,905 people detained on Manus since 2012 reached a conditional settlement of $70m plus about $20m in costs to the law firm Slater and Gordon.The class action seeking damages on behalf of 1,905 people detained on Manus since 2012 reached a conditional settlement of $70m plus about $20m in costs to the law firm Slater and Gordon.
The detainees wanted compensation from the Australian government and the detention centre’s operators for alleged physical and psychological injuries they suffered owing to the conditions they were held in.The detainees wanted compensation from the Australian government and the detention centre’s operators for alleged physical and psychological injuries they suffered owing to the conditions they were held in.
But Tierney said he was “cautious”, with a long legal battle having been fought by the commonwealth director of public prosecutions “despite being on notice of significant flaws in his prosecution and resulting conviction”.But Tierney said he was “cautious”, with a long legal battle having been fought by the commonwealth director of public prosecutions “despite being on notice of significant flaws in his prosecution and resulting conviction”.
The immigration minister, Peter Dutton, said this week the government denied the allegations in the Manus Island class action and the settlement was not an admission of liability.The immigration minister, Peter Dutton, said this week the government denied the allegations in the Manus Island class action and the settlement was not an admission of liability.
Australian law
Prisons
Western Australia
Indonesia
Australian immigration and asylum
Youth justice
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