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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/aug/14/manus-island-detention-centre-demolition-must-stop-detainees-lawyers
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| Manus Island detention centre demolition must stop – detainees' lawyers | Manus Island detention centre demolition must stop – detainees' lawyers |
| (7 days later) | |
| The demolition of the Manus Island detention centre must stop immediately, lawyers for the detainees have told Papua New Guinea’s supreme court. | The demolition of the Manus Island detention centre must stop immediately, lawyers for the detainees have told Papua New Guinea’s supreme court. |
| Work to dismantle to centre, including the shutdown of power and water, breached the constitutional rights of refugees and asylum seekers, the court heard. | Work to dismantle to centre, including the shutdown of power and water, breached the constitutional rights of refugees and asylum seekers, the court heard. |
| Ben Lomai, a PNG lawyer running a compensation case on behalf of detainees, told Guardian Australia they should be allowed to live in the centre freely, and that he had requested a halt on all work until 31 October. | Ben Lomai, a PNG lawyer running a compensation case on behalf of detainees, told Guardian Australia they should be allowed to live in the centre freely, and that he had requested a halt on all work until 31 October. |
| “I told the court my clients are being traumatised with the current actions by the PNG and Australian governments trying to close the centre by the 31st of October,” he said. | “I told the court my clients are being traumatised with the current actions by the PNG and Australian governments trying to close the centre by the 31st of October,” he said. |
| “They also disrupt the power supply and the water … and it has now forced them to reside in conditions which are inhumane. | “They also disrupt the power supply and the water … and it has now forced them to reside in conditions which are inhumane. |
| “I asked that they should be able to give us the undertaking that they will not dismantle the centre.” | “I asked that they should be able to give us the undertaking that they will not dismantle the centre.” |
| Lomai did not make a formal application for an injunction during the hearing – which was called to seek an adjournment on the compensation case – but asked the immigration department to halt the dismantling. | Lomai did not make a formal application for an injunction during the hearing – which was called to seek an adjournment on the compensation case – but asked the immigration department to halt the dismantling. |
| A lawyer for the immigration department, Robert Bradshaw, told Guardian Australia he had put the request to his client for consideration and was awaiting instruction. | A lawyer for the immigration department, Robert Bradshaw, told Guardian Australia he had put the request to his client for consideration and was awaiting instruction. |
| Last month authorities began closing down the centre with refugees and asylum seekers still inside. They were told blocks would be systematically shut and all amenities removed, and that people could move to another section or take up residence in the East Lorengau transit facility. | Last month authorities began closing down the centre with refugees and asylum seekers still inside. They were told blocks would be systematically shut and all amenities removed, and that people could move to another section or take up residence in the East Lorengau transit facility. |
| Detainees were threatened with arrest and informed any non-compliance could jeopardise their chances with US authorities under a deal for the country to resettle up to 1,200 people. Those with negative refugee determinations were told to return home. | Detainees were threatened with arrest and informed any non-compliance could jeopardise their chances with US authorities under a deal for the country to resettle up to 1,200 people. Those with negative refugee determinations were told to return home. |
| Escalating protests against the closures have been met with increased security at the centre, as detainees say they will refuse to move into the Lorengau transit centre and community, citing safety fears after a number of violent attacks on refugees. Tensions have continued to rise over a number of issues, including alleged assaults on locals by detainees. | Escalating protests against the closures have been met with increased security at the centre, as detainees say they will refuse to move into the Lorengau transit centre and community, citing safety fears after a number of violent attacks on refugees. Tensions have continued to rise over a number of issues, including alleged assaults on locals by detainees. |
| The Australian and PNG governments have said the centre will be closed in line with the supreme court’s ruling that the detention of refugees and asylum seekers was unconstitutional. | The Australian and PNG governments have said the centre will be closed in line with the supreme court’s ruling that the detention of refugees and asylum seekers was unconstitutional. |
| But Lomai said that ruling never declared the centre must be entirely shut down, and said Justice Higgins made similar remarks in court on Monday: that the ruling called only for the detainees to be allowed to live freely. | But Lomai said that ruling never declared the centre must be entirely shut down, and said Justice Higgins made similar remarks in court on Monday: that the ruling called only for the detainees to be allowed to live freely. |
| Moves to “open” the centre were inadequate, he suggested. | Moves to “open” the centre were inadequate, he suggested. |
| “They still treat them like prisoners, they still have to sign in and sign out,” he said. “Strictly speaking their constitutional rights continue to be breached.” | “They still treat them like prisoners, they still have to sign in and sign out,” he said. “Strictly speaking their constitutional rights continue to be breached.” |
| Greg Barns, spokesman for the Australian Lawyers Alliance, said the human rights of asylum seekers were more strongly protected by the PNG constitution than by the Australian one, and that the supreme court ruling called for the centre not to be used like a jail. | Greg Barns, spokesman for the Australian Lawyers Alliance, said the human rights of asylum seekers were more strongly protected by the PNG constitution than by the Australian one, and that the supreme court ruling called for the centre not to be used like a jail. |
| “Despite the fact the Australian government would have us believe it complied with the court’s orders to open up the centre, the reality is that in practical terms, no asylum seeker is safe outside of that compound because the Australian government has refused to allow any of these men to come to Australia or to go to New Zealand and has refused to provide protection for them within PNG.” | “Despite the fact the Australian government would have us believe it complied with the court’s orders to open up the centre, the reality is that in practical terms, no asylum seeker is safe outside of that compound because the Australian government has refused to allow any of these men to come to Australia or to go to New Zealand and has refused to provide protection for them within PNG.” |
| The compensation case has been adjourned until the end of the month. Lomai said he had been waiting to see the final outcome of the class action in Melbourne which resulted in the Australian government agreeing to pay $70m in compensation to 1,905 men it held there for their illegal detention, and for physical and psychological harm caused by the illegal detention. | The compensation case has been adjourned until the end of the month. Lomai said he had been waiting to see the final outcome of the class action in Melbourne which resulted in the Australian government agreeing to pay $70m in compensation to 1,905 men it held there for their illegal detention, and for physical and psychological harm caused by the illegal detention. |
| Last month a letter signed by some of the 806 men on Manus Island gave Australian officials the same 159-day “countdown” as the centre’s closure to “find a safe country for us and send us out of this country directly from this detention prison, or we are not moving anywhere”. | Last month a letter signed by some of the 806 men on Manus Island gave Australian officials the same 159-day “countdown” as the centre’s closure to “find a safe country for us and send us out of this country directly from this detention prison, or we are not moving anywhere”. |
| “You have the army, the police and all of the necessary manpower and equipment. Bring them here and we will line up so you can shoot us to end our misery if you want to force us out.” | “You have the army, the police and all of the necessary manpower and equipment. Bring them here and we will line up so you can shoot us to end our misery if you want to force us out.” |
| Manus Island | Manus Island |
| Australian immigration and asylum | Australian immigration and asylum |
| Papua New Guinea | Papua New Guinea |
| Refugees | Refugees |
| Asia Pacific | Asia Pacific |
| Migration | Migration |
| news | news |
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