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F2012L02434
Portfolio:
Attorney-General
Committee view
2.1
The committee seeks information from the Attorney-General on the human
rights compatibility of the Extradition Act 1988 in order to make a
determination as to the instrument's compatibility with human rights.
Overview
2.2
This instrument applies the Extradition Act 1988 to all countries
who are party to the International Convention for the Suppression of Acts of
Nuclear Terrorism (ICSNT).[1]
It does so by ensuring that the definition of an 'extradition country' in the
Extradition Act is taken as including a country for which the ICSNT is in
force.
Compatibility with human rights
2.3
A stand alone statement of compatibility is provided with the
explanatory statement. It sets out an overview of the instrument and begins by
stating the instrument 'does not engage any of the applicable rights or
freedoms'. It goes on to say that the existing extradition regime 'contains a
number of human rights safeguards that appropriately balanace Australia's need
to comply with our international obliations while ensuring that the rights of
individuals are protected'.[2]
It concludes:
While Australia's extradition regime engages with some human
rights, it does so in a reasonable and proportionate way and does not operate
to limit or restrict those rights. As such, the Regulation is compatible with
human rights.
2.4
Extradition raises serious human rights considerations, including the right
to a fair hearing, the right not to have one's privacy and family life
arbitrarily interfered with, the right to liberty, and the right not to be
subject to inhuman or degrading treatment.[3]
It is not clear from the statement of compatibility, exactly how the existing
extradition arrangements are considered to be compatible with human rights.
This instrument proposes adding a new category of countries to which a person
may be subjected to extradition under Australia's extradition arrangements. In
order for the committee to be satisfied that the instrument is compatible with
human rights it is necessary to understand how the Extradition Act 1988
complies with human rights.
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