Australia at ICC

re: 5979971/AM: OFFSHORE DETENTION, SLAVERY AND TORTURE --
WITH THE NOTICE OF INTENT TO SUBMIT ALLEGATION AGAINST MR.SECRETARY FOR MISCONDUCT IN PUBLIC OFFICE

Reece Kershaw, AFP Commissioner

Dear Commissioner

I am U Ne Oo, and I live in Guildford, NSW. I am a supporter of the humane treatment of asylum-seekers and refugees. I am a naturalised Australian citizen of Burma origin. I have no affiliation with any political parties or any other non-government organisations. I work to support myself as a full-time cleaner in Sydney. I have been engaging in this independent and self-driven refugee advocacy work since 1992, and therefore, please be certain that my focus here has been to bring justice to those perpetrators who violated laws against asylum-seekers and refugees.

I contacted your organisation on 17th November 2017, indicating that there has been an allegation at the International Criminal Court (ICC) about Crime Against Humanity of Enslavement implicating the Commonwealth Government of Australia. Stated also in my communication, there will be other crimes that are associated with the crime of enslavement:

.. political corruptions, large scale embezzlement of government funds, obstruction of justice, deception and violence as means to controlling victims, and the willful negligence that led to death of victims (asylum-seekers). These subsequent crimes, once established, definitely are under the jurisdiction of local courts.

I have enclosed the entire correspondence with AFP at that time, re: 5979971/AM [#1], for your ease of reference. Since that time, as a legal layperson, I have continued to research and investigate matters relating to Australia\'s offshore immigration detention, using information that is available to the general public.

For Australian entities that perpetrated slavery crime offshore, there appear to be gaps between Australian common law and ICC international laws. These legal gaps arose primarily from the lack of legal precedents for Australian courts for these types of crimes. Also, Australia is a sovereign state that tends to resist external interference, which necessarily contributes to those gaps. Whilst these gaps are still being identified and addressed, I considered following international and local laws have generally been violated by the perpetrators of enslavement:

(i) The Enslavement: The Commonwealth government and Australian registered entities have perpetrated a new-novel form of slavery, i.e. "Detention Slavery" [#2]. This Detention Slavery is a crime against humanity and amenable to Section 10, Division 268 of the Criminal Code Act 1995(Cth) -- i.e. The ICC Laws;

(ii) The Torture, in particular, medical-related torture: This crime is amenable to Division 274 of the Criminal Code Act 1995(Cth) [#3];

(iii) Misfeasance by Public Officials: These types of crime are amenable to the common law misconduct in public office, entirely under the jurisdiction of Australian courts.

CRIME OF SECRETARY OF DIBP(2011-2014)

With the above summary, I would like to inform the Australian Federal Police and Commonwealth Director of Public Prosecution (CDPP) of my intention to submit the allegation on one count of misconduct in public office by Mr Secretary, who had been the Secretary of Department of Immigration and Border Protection during 2011-2014. On and around October-December 2013, Mr Secretary had committed the common law offence of misconduct in public office in handling a critical incident report, "CID Report", signed by medical practitioners working at the Christmas Island detention centre [#3]. Mr Secretary had (i) failed to forward the CID Report to the Minister for Immigration and (ii) destroyed alternative pathways that the CID Report could reach to the Minister. The Secretary had carried out this "omission" and "act" in contravention of other common laws and the statutory law -- the Public Service Act of 1999 (Cth).

The allegation against Mr. Secretary has been based on undisputable public evidence, where all sources are reliable and the information verifiable. Although this incident has a connection with the crimes of slavery and torture, I shall put forward the allegation in the narrowest scope possible to increase justiciability. I also consider CDPP prosecution policy and have tested this allegation against the AFP\'s Case Categorisation and Prioritisation Models.

I sought to communicate my intention out of concerns that there will be overt and covert pressures placed upon the Australian Federal Police by the perpetrators of enslavement crime. As a member of the public, I therefore appeal to the AFP Organisation to take additional measures to ensure transparency in handling this matter. Some of these measures are already within AFP\'s operational guidelines.

1. Firstly, upon receiving the submitted allegation ("complaint file"), I request that the AFP Legal team handle the complaint file directly and then, hand it over to CDPP straightaway. The complaint file will be in the public domain [#8], but only the AFP should have legal authority to investigate the allegation.
2. Secondly, the AFP records all handovers within their Organisation while processing the complaint file before sending it to CDPP.
3. Thirdly, to expedite the investigation of the complaint file, the AFP organisation focus only on matters related to the complaint file.
4. Fourthly, in the case of visible or invisible pressures placed upon the AFP legal team or the Organisation by the government, ministers, or anyone else, allow the rank-and-files of the AFP to speak up and speak out directly to the general public.
5. Finally, the AFP assigns an external liaison officer so that the public can contact and trace the progress of individual complaint files.

DEATHS IN DETENTION AT OFFSHORE

As regards the slavery crime, I have my research focussed on the death of asylum-seekers in offshore detention since 2013. There were 12 deaths, some of which were reported to be the consequence of medical negligence. These deaths occurred in parallel with the estimated duration of slavery crime, ratione temporis, which I considered to be between October 2013 and August 2018 [#4]. In order to properly prosecute offshore enslavement, there is the requirement for assertion of ICC jurisdiction due to the involvement of foreign nationals in the crime [#5]. The progression and development of this legal rationale are summarised in the two communications to the Office of Prosecutors of ICC on 5-Sep-2021 [#4] and 18-Sep-2022 [#5], respectively.

In preparing the allegation against Mr Secretary, I will consciously assemble the evidence so that the Australian courts can adjudicate without any requirement for ICC jurisdiction. The alleged crime Mr. Secretary committed has been akin to "political corruption" where a commonwealth officer fails to discharge his duty with the requisite integrity. There will be many instances of such misfeasance of public officials, some of which are readily identifiable by the general public, throughout estimated enslavement. Views within the context of the entire time frame of enslavement, the instance of misfeasance of public officials is a snap window that reveals crime of which the general public can identify. A Crime Against Humanity can never be fully concealed.

Since 2017, I have held a reasonable belief that the Commonwealth governments -- Labour or LNP Coalition -- shall never initiate a meaningful inquiry into these offshore deaths except to create diversions. This belief, again, has been reinforced by two events:(1) the extraordinary delays that occurred in the completion of the coronial inquiry into the death of Faysal Ishak Ahmed [#6] and (2) the recent Commonwealth government drive to non-publication of the case files of DIZ18 [2023] FCA 1350 [#7]. Clearly, the Commonwealth government has the desire to conceal any sensitive information on offshore detention from getting into any capable hands.

If the Australian Federal Police have any other concerns regarding the prospective request for investigation, please inform me in writing.
In closing, thank you for your kind attention to these matters.
-- U Ne Oo.

Statement of Claims (draft) against
the Secretary of DIBP(2011-2014), now viewable at:
https://www.aus4iccwitness.org/node/102

Print this Letter

Copy to:

• --> Sydney Office of Commonwealth Director of Public Prosecutions;
• --> Office of The Posecutor of International Criminal Court;
• --> Commonwealth Government & Others.

"..... crime of enslavement cannot take place in isolation .... would be political corruptions, large scale embezzlement of government funds, obstruction of justice, deception and violence as means to controlling victims, and the willful negligence that led to the death of victims . ...

Letter to Director, Australian Federal Police

ref: 5979971/AM, OFFSHORE DETENTION; dated 17th Nov 2017.
I thank you for your letter on 5th June 2017, informing me that the Australian Federal Police cannot take any further action as regards offshore detention.

In relation to the Commonwealth Government of Australia arrangements of offshore detention of asylum-seekers, I have submitted a communication on 30th June 2017 to the International Criminal Court (ICC) in accordance with the Article 15 of Rome Statute. My analysis indicates that the government's offshore detention arrangement tantamount to enslavement of asylum-seekers. As such, the Australian Government has been perpetrating the Crime Against Humanity of Enslavement of asylum-seekers at offshore. For your information, I enclosed my communication together with a reply letter from ICC.

As you may have notice, the ICC has not make any indication as to investigate (or not to investigate) on this matter. However, I am having no doubts that the people within Australian Government have now been involved in the crimes of enslavement. Whilst I am not a lawyer, I've already checked this issue against internationally known patterns of occurrence of such crimes. The purpose of this particular letter to Australian Federal Police is to inform your department that there had been an alleged Crime Against Humanity of Enslavement implicating the Commonwealth Government of Australia.

With regards to the crimes of enslavement, Australia is a signatory the Rome Statue of 1998. In addition, Australia is a state party to the 1926 Slavery Convention and also the 1956 Supplementary Convention on the Abolition of Slavery. The Articles 6 and 9 of the 1956 Convention states:

Art.6: (1.) The act of enslaving another person or of inducing another person to give himself or a person dependent upon him into slavery, or of attempting these acts, or being accessory thereto, or being a party to a conspiracy to accomplish any such acts, shall be a criminal offence under the laws of the States Parties to this Convention and persons convicted thereof shall be liable to punishment.

Art.9: No reservations may be made to this Convention.

Australia, therefore, has the treaty obligation to correct the infractions of the laws of enslavement of person(s). This alleged case in consideration has been that the Australian nationals are perpetrating the crime of enslavement in the Republic of Nauru and Papua New Guinea. Understandably, the local law enforcements such as Australian Federal Police or Australian Courts may not be able to directly take immediate actions on such offshore crimes. Also, it is unlikely the Australian Government will give the AFP any directives to investigate such crime.

However, according to Article 9 of the 1956 Convention, the contracting states must not allow the violation of Slavery Conventions and, therefore, it is inevitable that the prosecution for the perpetrators of crime must have to take place in one form or another. I therefore would like to request your department's kind assistance in informing all relevant Australian law enforcement agencies – should you feel it appropriate -- that there has been allegations against Commonwealth Government on the Crime Against Humanity of Enslavement.

Insofar as the large scale enslavement of persons, historically there had not been an occurrence in the last 60 years, especially in democratic societies. In addition, please also be aware that such a crime of enslavement cannot take place in isolation. In association with the crime of enslavement, there would be political corruptions, large scale embezzlement of government funds, obstruction of justice, deception and violence as means to controlling victims, and the willful negligence that led to death of victims (asylum-seekers). These subsequent crimes, once established, definitely are under the jurisdiction of local courts.

As it stands, the enclosed submission (30/6/17) to ICC can only serve to provide an overview of events taking place in Offshore Detention Centers. However, the ICC cannot prosecute the Commonwealth Government of Australia as a whole. Therefore, as an ordinary Australian citizen, I shall continue to raise this matter and -- without fear or favour -- will provide further information to ICC the list of perpetrators (alleged), co-perpetrators (alleged) and indirect co-perpetrators (alleged) within coming days and weeks. I appeal your department to keep alert on those (alleged) perpetrators of the crime of enslavement.

In closing, I thank you for your attention to this matter.

Yours respectfully and sincerely,
(U Ne Oo)

LETTER ADDRESSED TO:
Director, Australian Federal Police, c/o Coordinator OMC, Locked Bag A3000, Sydney South NSW 1232

Copy:
1. The Office of Prosecutor, International Criminal Court.
2. The UN-Secreataray General, c/- Office of UNHCR, Canberra.
3. Attorney-General, Commonwealth Government of Australia.

Enclosures:
1. Communication to ICC and the reply letter.

2021 Letter to Premier Palaszczuk, re Faysal Ahmed inquest

Dear Premier Palaszczuk; I am U Ne Oo, a grassroots refugee supporter living in Sydney NSW. I am a naturalised Australian Citizen of Burma origin. I am not affiliated with any political parties or any other non-government organisations. I work to support myself as a full-time cleaner in Sydney. I have been independently engaging in this kind of self-propelled refugee advocacy works since 1992, and please therefore be certain that I am seeking to redress issues of justice for those refugees; and focusing on bringing to justice of those perpetrators who violated the laws.

I write to the Premier Palaszczuk and the Government of Queensland for two important matters. The first in regards to medical evacuated offshore asylum-seekers who are being detained at the Kangroo Point Central Hotel in Brisbane. We -- the public -- know about 80% of those detained have already been assessed as bona fide refugees. Whilst status resolution for these asylum-seeker in Australia has fall within the responsibility of Commonwealth Government, I respectfully ask Premier Palaszczuk personally tell Prime Minister Morrison that there's no point in detaining these people arbitrarily and also urge his government to immediately release all detainees and grant them Class XA protection visas. Whilst I am not a lawyer, I have analysed current situation of detention for these asylum-seekers and concluded that the Federal Government holding of these individuals has been unlawful and unconstitutional. I enclosed that report for your information [#2].

The second matter of grave concerns, attributed directly to the State Government of Queensland, has been the unacceptable delay [#1] in regards to coronial inquest for the death in detention of Faysal Ishak Ahmed on 24 December 2016 at the Royal Brisbane Women's Hospital. Faysal Ishak Ahmed was a Sudanee asylum-seeker who had been detained on Manus Island. The public media reports and sources from other refugees had indicated that Faysal had been noticeably ill at that time, suffering from his chest pain and high blood pressures. Faysal had visited the the Federal Government contracted IHMS Clinics on Manus Island over 20 times in six months and the treating doctor reportedly told him-off that there's nothing wrong with him [#3]. Few day later, he suffered seizure and severe fall, got airlifted to Brisbane hospital and died. Clearly, there were elements of negligence by the health care provider IHMS. A year later, it has revealed in the investigative report that the Federal Government authorities knew about Faysal's situation and they're making the cover ups [#4].

The overall conduct by the Federal Government and contractors in this case went well beyond the bounds of normal medical negligence and administrative cruelty. Such conduct, in fact, is consistent with the legal terms, "exercising the rights of ownership" over Faysal Ishak Ahmed. I've therefore concluded that Faysal died as an "enslaved person" due to Federal Government's Offshore Detention Regime. On June 2017, I have compiled a report to the International Criminal Court that the Commonwealth Government of Australia have been commissioning the crime against humanity of enslavement. That preliminary report along with the ICC correspondence have been enclosed for your information [#5].
With regards to Faysal Ishak Ahmed who died in Brisbane hospital, your government has the duty to carry out a coronial inquest under Section 45 of Coroners Act 2003 of State Government of Queensland. The failure to perform that duty amounted to criminal conduct of the "omission to perform an act", so as to cover-up the crime within "the purpose of shielding the person concerned from criminal responsibility for crimes". The ICC Crime of Enslavement was included in Australian Criminal Code of 1995(Cth) in Division 268.10, ICC Consequential Amendment Act [#6]. The criminal liability extends under the Criminal Code to those who attempt to commit such offences (s 11.1); aid, abet, counsel or procure such offences (s 11.2); or are involved in a joint criminal enterprise (s 11.2A).. [ref, #7]. And those who assist in concealing an offence will be liable as an accessory after the fact, under (Commonwealth) Crimes Act 1914 section 6. The Division 268.104 the Act [#6] gives similar provisions. What I am certain is that such failure by Government of Queensland has arisen out of wilful omission, not of the technical or other difficulties.

As you've been a knowledgable person with legal backgrounds, the slavery (enslavement) of all forms have been universally prohibited since 1926. For Australia, such practice had been outlawed much earlier since 1840 even before the Federation. Those who engage in "slavery", piracy and other special crimes are considered the enemies of mankind. As a rule jus cogens, slavery is prohibited as a peremptory norm from which no derogation is permitted. Within current Australian law contexts, the crime against humanity commited by a person -- aiders and abetters not spared -- pursuant to an order of a Government or of a superior does not relieve the person of criminal responsibility, and will therefore be punished [Div 268.116, #6].

I shall therefore, with due respect to Premier and the State Government of Queensland, be filing complaint to the International Criminal Court about your government's failure to carry out the coronial inquest on the death of Faysal Ishak Ahmed. I may also file the complaint to Australian Federal Police so as to investigate the criminal cover up that had taken place on Faysal's death.

I do not require any formal reply for this correspondence. I would however encourage you to directly communicate, the way your government would see fit, to the Office of Prosecutors of International Criminal Court. I also appeal your government to fully cooperate with Australian Federal Police in case if the AFP decides to investigate on this cover up matter.
In closing, thank you for your attention to these matters.

To: Premier of Queensland, The Hon. Annastacia Palaszczuk, PO Box 15185, City East, Queensland 4002, dpc[AT]premiers.qld.gov.au

Copy:
1. The Hon. Shannon Fentiman MP, Attorney-General for Queensland, Department of Justice 1 William Street, Brisbane QLD 4000.
email: attorney[AT]ministerial.qld.gov.au
Enclosures
1. APOD Detentions Arbitrary (1/12/2020)
2. Enslavement on Manus Island and Nauru (1/7/2017)
3. Faysal's inquest delay (28/12/2020)

2017 Letter to the Hon. Tanya Plibersek, Deputy Opposition Leader

To Hon. Tanya Plibersek, re: End Offshore Enslavement of Asylum-seekers: As a follow-up to the request made on early February to you and Australian Labor Party for the evacuation of asylum-seekers held at Manus Island and Nauru, I enclosed the copy of communication to ICC regarding the conduct of Australian Government. In my view, the Australian Government is perpetrating Crime Against Humanity of enslavement of asylum-seekers. As such, the government and all elected parliamentarians are required to put an end to this offshore enslavement.

In this connection, there had recently been a motion put forward by Senator McKim to evacuate the offshore asylum-seekers. It is observed that some Labor Senators have abstained from voting, the Coalition and some other senators have voted against that particular motion.

I am here to inform you that I shall be putting forward criminal allegations against those senators who obstruct Senator McKim's motion, as the persons who are co-perpetrating in the Crime Against Humanity of Enslavement of asylum-seekers.

Please also note that the ICC already had accepted my complaints against Commonwealth Government as a whole and subsequently ICC had opened a case file. However, the ICC had not yet made a promise to take any particular action, as you can see for yourself in the enclosed ICC's reply.

From my part, I am just a private citizen who working to support myself as a cleaner in Sydney. As such, I certainly have no political clout nor having any semblance of powers to stop the criminal conduct of Australian government. I am emphasizing here that, once such criminal allegation has been made at ICC, that's entirely out of my hand.

You Australian politicians have only yourselves to blame, in which the things coming to ahead in this way. There had been numerous appeals being made to you and the government by ordinary Australians as well as respective humanitarian organisations for evacuation; of which you – politicians – choose to ignore. With regards to evacuation of asylum-seekers, any decisions that you – the elected representatives – have made, you and you alone are entirely responsible. Whether you individually accepted or rejected that argument about the transpiring of criminal enslavement in offshore detentions have been entirely irrelevant; I shall be reporting any criminality based only on your own individual conduct.

In closing, I thank you for your time and hope that this information may prove useful to you.

Yours respectfully and sincerely,
(U Ne Oo)

Copy:
1. Senator the Hon. George Brandis QC, Attorney-General, PO Box 6100, The Senate, Parliament House, CANBERRA ACT 2600
20171208: Reply Copy from Attorney's Office.
http://www.aus4iccwitness.org/docs/20171208_reply-by-attorney-general-of...
Letter Addressed To:
Hon. Tanya Plibersek MP
Deputy Opposition Leader
Australian Labour Party
150 Broadway, Chippendale NSW 2008

Senator McKim's motion

20170810 Mckim Motion Asylum Seekers on Manus Is. and Nauru by tripwires90 on Scribd