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Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions

COMMISSIONER OZDOWSKI: Welcome to everyone. I would like to formally open this public hearing, the first of a series of hearings to be conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner of Australia, and I have with me two Assistant Commissioners; to my right Professor Trang Thomas who is Professor of Psychology at the Royal Melbourne Institute of Technology, and to my left Dr Robin Sullivan who is Queensland Commissioner for Children. I also have two counsel assisting.

Acting Commonwealth and Defence Force Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour, Report No 04 (2007). Army JROTC Cadet Reference, Leadership Education & Training , 2 nd ed. Headquarters Army Command. At www.dimondjrotc.org/cadet_reference.pdf (viewed 23 June 2011). Australian Army, ADFA Army Single Service Training . At http://www.army.gov.au/rmc ...

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble

Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian Constitution, some of those functions may be fulfilled by State legislatures, executive bodies, courts or private entities.

The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) Public Statement on Immigration Detention in Leonora.

In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties. [1] Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. This chapter focuses on the dialogue between the Australian government and the Committee on the Elimination of Racial Discrimination (the Committee or the CERD), which took place in March 2000.

The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours.

At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time.

Last year I set out my priorities for my term as Social Justice Commissioner.[1] My priorities revolve around the central idea that to address the disadvantage faced by Aboriginal and Torres Strait Islander peoples and build a more reconciled nation, we need to develop stronger and deeper relationships: