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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2015/jul/15/if-witnesses-to-reza-baratis-death-are-being-intimidated-thats-a-perversion-of-justice

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If witnesses to Reza Barati's death are being intimidated, that's a perversion of justice If witnesses to Reza Barati's death are being intimidated, that's a perversion of justice
(35 minutes later)
The trial of suspects for the murder of Reza Barati at the Manus Island detention in February 2013 is pending in the Papua New Guinean high court. The trial of suspects for the murder of Reza Barati at the Manus Island detention in February 2014 is pending in the Papua New Guinean high court.
There is evidence that a detainee who witnessed Barati’s death, and is required to give evidence, is being warned off going to court with threats and intimidation.There is evidence that a detainee who witnessed Barati’s death, and is required to give evidence, is being warned off going to court with threats and intimidation.
One witness claims to have been warned by local PNG security guards that he will be locked up and his life threatened if he gives evidence against the accused. The detainee has been told that the father of one of the men standing trial is a senior PNG police officer.One witness claims to have been warned by local PNG security guards that he will be locked up and his life threatened if he gives evidence against the accused. The detainee has been told that the father of one of the men standing trial is a senior PNG police officer.
Witnesses to Barati’s death made similar overtures to Guardian Australia in May last year. In July, PNG police arrested G4S guard Louie Efi and Salvation Army worker Joshua Kaluvia, charging them both with Barati’s murder.Witnesses to Barati’s death made similar overtures to Guardian Australia in May last year. In July, PNG police arrested G4S guard Louie Efi and Salvation Army worker Joshua Kaluvia, charging them both with Barati’s murder.
At the time, immigration minister Scott Morrison gave us a good character assessment of himself when he implied Barati was responsible for his own death by “deciding to protest”.At the time, immigration minister Scott Morrison gave us a good character assessment of himself when he implied Barati was responsible for his own death by “deciding to protest”.
Here we have an allegation of suborning witnesses and perverting the course of justice. For someone working at the Manus Island processing centre to relay that information puts them at risk of up to two years imprisonment under the new Border Force Act.Here we have an allegation of suborning witnesses and perverting the course of justice. For someone working at the Manus Island processing centre to relay that information puts them at risk of up to two years imprisonment under the new Border Force Act.
There are also the rapes, assaults, attempted suicides, mistreatment of children, and all the other human depredations treated by doctors and health workers at offshore centres. Their duty of care to report their concerns has now been criminalised.There are also the rapes, assaults, attempted suicides, mistreatment of children, and all the other human depredations treated by doctors and health workers at offshore centres. Their duty of care to report their concerns has now been criminalised.
The offshore processing of asylum seekers has reached such a state of political psychosis that health workers have come out in protest. There was another demonstration by doctors, medical students and colleagues in Sydney at the weekend.The offshore processing of asylum seekers has reached such a state of political psychosis that health workers have come out in protest. There was another demonstration by doctors, medical students and colleagues in Sydney at the weekend.
This follows an open letter from current and former migration centre workers, challenging the department to prosecute them under the new Act for speaking out.This follows an open letter from current and former migration centre workers, challenging the department to prosecute them under the new Act for speaking out.
The Border Force Act is the sort of legislation we have come to expect from a government devoid of the imagination required to secure our borders without the systematic persecution of asylum seekers. For Labor also to sign-up to this “remedy” is an act of gross political cowardice.The Border Force Act is the sort of legislation we have come to expect from a government devoid of the imagination required to secure our borders without the systematic persecution of asylum seekers. For Labor also to sign-up to this “remedy” is an act of gross political cowardice.
The Act’s main purpose is the creation of a glorified rank, title and powers for what used to be the top brass at the customs department, now to be known as the Australian Border Force Commissioner, with a brand new uniform and all.The Act’s main purpose is the creation of a glorified rank, title and powers for what used to be the top brass at the customs department, now to be known as the Australian Border Force Commissioner, with a brand new uniform and all.
The concerning aspect of the law, which brings Australia into line with the approach adopted by totalitarian regimes elsewhere, are the secrecy provisions. Not only does it seek to prevent the communication of “protected information”, but to make a record of it.The concerning aspect of the law, which brings Australia into line with the approach adopted by totalitarian regimes elsewhere, are the secrecy provisions. Not only does it seek to prevent the communication of “protected information”, but to make a record of it.
Limited exceptions apply, such as disclosure required by a court or to another government official, if otherwise officially approved.Limited exceptions apply, such as disclosure required by a court or to another government official, if otherwise officially approved.
Authorised disclosure is not be permitted “to a foreign country, an agency or authority of a foreign country or a public international organisation”. There’s some doubt whether that is the case under formal international agreements.Authorised disclosure is not be permitted “to a foreign country, an agency or authority of a foreign country or a public international organisation”. There’s some doubt whether that is the case under formal international agreements.
This code of silence is complemented by the fact that offshore and onshore detention centres are out-of-bounds for reporters. In this way the Australian electorate can remain undisturbed about the methods used to “secure our borders”.This code of silence is complemented by the fact that offshore and onshore detention centres are out-of-bounds for reporters. In this way the Australian electorate can remain undisturbed about the methods used to “secure our borders”.
There has been contention as to whether disclosure of the condition of detainees and their treatment would be protected by the Public Interest Disclosure Act, otherwise known as the whistleblower protection law.There has been contention as to whether disclosure of the condition of detainees and their treatment would be protected by the Public Interest Disclosure Act, otherwise known as the whistleblower protection law.
Immigration minister Peter Dutton, a man who does not inspire great confidence when it comes to his grasp of fine details, claimed that the whistleblower protection legislation “overrides the provisions” of the Border Force Act – so forget about the secrecy provisions of the new law, and whistle away.Immigration minister Peter Dutton, a man who does not inspire great confidence when it comes to his grasp of fine details, claimed that the whistleblower protection legislation “overrides the provisions” of the Border Force Act – so forget about the secrecy provisions of the new law, and whistle away.
If only. Lawyer George Newhouse has pointed out the limited protections available under the Public Interest Disclosure Act and how they are unlikely to satisfactorily interact with the Border Force Act.If only. Lawyer George Newhouse has pointed out the limited protections available under the Public Interest Disclosure Act and how they are unlikely to satisfactorily interact with the Border Force Act.
Related: Let me clear up the government's clarification of the Border Force Act | George NewhouseRelated: Let me clear up the government's clarification of the Border Force Act | George Newhouse
If, in truth, the whistleblower law “overrides” the secrecy requirements for workers at Australian-funded detention centres, then Dutton’s legislation would have a provision that said precisely that. But it doesn’t.If, in truth, the whistleblower law “overrides” the secrecy requirements for workers at Australian-funded detention centres, then Dutton’s legislation would have a provision that said precisely that. But it doesn’t.
Alternatively, to put it beyond doubt, the Border Force Act could list a wider range of conduct that would be exempted from the cone of silence.Alternatively, to put it beyond doubt, the Border Force Act could list a wider range of conduct that would be exempted from the cone of silence.
Instead, what we’re left with is the chilling effect created by uncertainty. Many current and former employees or contractors working for the Department of Immigration and Border Protection, and its service providers, understandably are unlikely to risk prison time when there is doubt about the consequences of speaking out.Instead, what we’re left with is the chilling effect created by uncertainty. Many current and former employees or contractors working for the Department of Immigration and Border Protection, and its service providers, understandably are unlikely to risk prison time when there is doubt about the consequences of speaking out.
You’ll recall what happened when in September last year Save the Children Fund staff raised concerns about sexual abuse and the conduct of contractor. They were falsely accused of incitement and removed from Nauru by Scott Morrison, who said:You’ll recall what happened when in September last year Save the Children Fund staff raised concerns about sexual abuse and the conduct of contractor. They were falsely accused of incitement and removed from Nauru by Scott Morrison, who said:
The public don’t want to be played for mugs with allegations being used as some sort of political tactic in all of this.The public don’t want to be played for mugs with allegations being used as some sort of political tactic in all of this.
No sign of whistleblower protections there.No sign of whistleblower protections there.
Subsequently, the Moss report found that there had been no encouragement of self-harm or fabricated allegations on the part of Save the Children personnel.Subsequently, the Moss report found that there had been no encouragement of self-harm or fabricated allegations on the part of Save the Children personnel.
The contracted offshore service provider Transfield already has no-talk clauses in its contracts with workers it engages on Manus Island and Nauru, and it’s known that a number have been threatened with legal action if they attempt to blow the whistle on what’s happing at these tiny Pacific Guantanamos.The contracted offshore service provider Transfield already has no-talk clauses in its contracts with workers it engages on Manus Island and Nauru, and it’s known that a number have been threatened with legal action if they attempt to blow the whistle on what’s happing at these tiny Pacific Guantanamos.
The legislated secrecy provisions wouldn’t survive a first amendment challenge in the US and probably would not be enforceable in Britain under the Human Rights Act.The legislated secrecy provisions wouldn’t survive a first amendment challenge in the US and probably would not be enforceable in Britain under the Human Rights Act.
Here, there is no such protection, only a half-baked evolution of constitutionally implied free speech in confined circumstances, leaving the high court with a limited ability to deal with human rights issues in the context of offshore processing centres.Here, there is no such protection, only a half-baked evolution of constitutionally implied free speech in confined circumstances, leaving the high court with a limited ability to deal with human rights issues in the context of offshore processing centres.
Academics Alexandra Reilly and Rebecca Laforgia from the University of Adelaide, along with Gabrielle Appleby from UNSW, have argued in the Alternative Law Journal that offshore processing and outsourcing strips Australian citizens of their “duty to watch”.Academics Alexandra Reilly and Rebecca Laforgia from the University of Adelaide, along with Gabrielle Appleby from UNSW, have argued in the Alternative Law Journal that offshore processing and outsourcing strips Australian citizens of their “duty to watch”.
Secrecy provisions, they write, are “designed to relieve the Australian people of their responsibility for the implementation and outcomes of Australian refugee policy” and are an “illegitimate act of political closure”.Secrecy provisions, they write, are “designed to relieve the Australian people of their responsibility for the implementation and outcomes of Australian refugee policy” and are an “illegitimate act of political closure”.
In the one of the high court’s free speech cases, there was a ringing endorsement of the constitutional protection of communicating matters of political or governmental importance. Chief Justice Sir Anthony Mason said:In the one of the high court’s free speech cases, there was a ringing endorsement of the constitutional protection of communicating matters of political or governmental importance. Chief Justice Sir Anthony Mason said:
Absent such a freedom of communication, representative government would fail to achieve its purpose, namely, government by the people through their elected representatives; government would cease to be responsive to the needs and wishes of the people and, in that sense, would cease to be truly representative.Absent such a freedom of communication, representative government would fail to achieve its purpose, namely, government by the people through their elected representatives; government would cease to be responsive to the needs and wishes of the people and, in that sense, would cease to be truly representative.
Now a government demands people stay mute about allegations as disturbing as threatening a witness in a murder trial. It’s part of the steady but sure mutation of Australia from the lucky country to the ugly country.Now a government demands people stay mute about allegations as disturbing as threatening a witness in a murder trial. It’s part of the steady but sure mutation of Australia from the lucky country to the ugly country.