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Thursday, 11 March 2010

Commission welcomes passage of law outlawing torture and prohibiting the death penalty

The Australian Human Rights Commission today welcomed the passage of the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009 which criminalises torture and prohibits the death penalty.

“With this landmark legislation now in place, Australia has taken a further important step towards meeting our international human rights obligations,” said Commission President Cathy Branson QC.

Upon signing the Convention against Torture, Australia made a voluntary commitment to prohibit torture in all its forms. The Convention requires Australia to ensure that all acts of torture are offences under domestic criminal law.

“Torture, defined as any act by which severe pain or suffering is intentionally inflicted upon a person by a public official for purposes such as obtaining information or a confession, is barbaric and inhumane,” Ms Branson said.

“This new legislation will criminalise acts of torture whether committed within or outside Australia.”

The Bill also amends the Commonwealth Death Penalty Abolition Act 1973 to extend the application of the current Commonwealth prohibition on the death penalty to State laws.

“The death penalty has been abolished throughout Australia and the passage of this bill ensures that it cannot be reintroduced anywhere in Australia,” Ms Branson said.  

“The passage of this bill fulfils Australia obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights which requires that Australia take all necessary measures to abolish the death penalty within its jurisdiction.

“The death penalty has no place in a humane society. By ensuring that it cannot be reintroduced, the government is ensuring the enduring protection of fundamental human rights.”

Media contact: Shyamla Eswaran 02 9284 9656 or 0430 366 529