Saturday, July 27, 2013

Australian Immigration Minister Burke Visit to Nauru

Australia’s Minister for Immigration, Multicultural Affairs and Citizenship, Tony Burke and a small delegation visited Nauru (26 July) to meet with the Nauru Government and visit the Regional Processing Centre.























Photographic image taken by Mr. Clint Deidenang

Mr Burke and his delegation were briefed by the Australian High Commission and members of DIAC before making his first courtesy visit to the President of the Republic of Nauru His Excellency Hon. Baron Waqa followed by Justice Minister David Adeang.

The small delegation then visited the two sites of the RPC before departing the country later on in the afternoon. 

NO CHANGES TO RPC PLANS

Nauru’s Acting President and Minister for Justice Hon David Adeang says the Friday riot which destroyed most of the facilities at the Regional Processing Centre (RPC) does not change Nauru’s commitment to hosting the Centre. “Australia hasn’t asked for changes and we haven’t put any forward, so yes it’s business as usual,” the acting president said.

“There will of course be extra measures taken now to  enhance security  protocols  and  features associated with managing the RPC and  these  are  being  addressed, together  with  a  consideration of  greater  effort  to  enhance the  determination  process  and communicating  with  the  asylum seekers about  this process and  the state of their determination.”

Nauru will also be shortly assuming greater control and responsibility of the Centres through Administrative Arrangements supporting the bilateral Memorandum of Understanding (MOU) governing the processing of asylum seekers.

The  administrative  arrangements will assist  the Government of Nauru  in particular  to  stay  on  top  of  operational issues  over  the  RPC  including  the welfare of asylum seekers. The  riot  that  erupted  in  fames  and violence  at  the  RPC  at  the  weekend (19 July) destroying buildings and food supplies  for  the  camp  is  estimated  at $60-million.

Mr  Adeang  toured  the  site  this  week (22  July)  with  cabinet  ministers  and members  of  parliament  and  saw  the destruction frst hand. The  wreckage  is  being  bulldozed  and cleared  to  make  way  for  rebuilding which  is  estimated  to  be  ready  in  six months.

All  eight  accommodation  blocks  each housing between 44 to 88 people, office blocks,  and  medical  facilities  were burnt  to  the  ground,  including  half the  new  kitchen  which  had  just  been commissioned three days before the riot. Up to 400 asylum seekers are still at the Centre and now living in tents until more suitable accommodation can be erected.

They are receiving food and medical treatment. Court proceedings for 152 asylum seekers in police custody are underway. On  24  July  the District Court of  Nauru  denied  bail  for  the men,  however  bail hearings commenced  a  day  later  (25 July). 

The  initial  charges  are unlawful  assembly  and  riot, with  additional  charges expected  including  arson  on public buildings. The  latter  charge  would require  a  hearing  in  the Supreme  Court  with  a committal  process  in  the District Court initially.

The asylum seekers appeared before Resident Magistrate Peter Law in groups of ten to 12. The asylum seekers are being represented by court appointed lawyers. Each group was aided by an interpreter.

Information copy pasted from Nauru Bulletin 26 July 2013 - no.88 

ASYLUM SEEKERS COURT CASE

DISTRICT COURT of NAURU
26th July 2013
-Media Release-
(Information copy pasted from GIO)
On 25th July, the District Court heard applications from twenty asylum seekers defendants seeking bail in respect to charges of ‘Riot’ and ‘unlawful assembly’ arising from an incident on 19th July 2013.  One of the defendants was discharged when the prosecution sought leave to withdraw the charges against him.  On 26th July, the District Court heard applications from a further 40 defendants.  The cases were presented by three court appointed lawyers for the defendants and translators provided interpretation for the defendants.
The Court considered issues raised by the legal representatives including the presumption in favour of bail, the seriousness of the charges, the prospect of re-offending, the oppressive nature of the current detention in which 150 asylum seekers are detained along with 16 prisoners in the Nauru Correctional Centre.  Further issues put to the court included the fact that there is no accommodation available at the Regional Processing Centre and the prospect of re-housing the defendants in tents will not be available until the end of next week, beginning of following week commencing 5th August 2013. 
The Court refused bail in respect to three asylum seeker defendants.  The remaining asylum seeker defendants were granted bail to commence from 5th August through to 8thAugust on strict conditions, requiring each of them to enter agreements to not to commit offences and to obey any directions of staff at the Regional Processing Centre and to attend court on 2nd September 2013. 
Peter Law
Resident Magistrate
Media contacts:   
peter.law@naurugov.nr
+674 557 3099
 

Friday, July 26, 2013

NAURU REMEMBERS FORMER CHIEF JUSTICE BARRY CONNELL

Former Chief Justice of Nauru Henry Barwick (Barry) Connell passed away recently (21 May) at the age of 85 in Melbourne Australia, after a long illness. 

His Excellency President Baron Waqa said the government and the country are saddened to hear of his passing. “It is with much sadness that we lament the passing of the late Barry Connell who was a highly valued and good friend of the whole country.

“As a former Chief Justice he distinguished himself as one of the fnest we have known, acting with consideration and integrity. He identified himself with us consistently through both good times and bad.

“On behalf of all Nauruans we extend our deepest sympathy to his family at this time of loss,” Nauru President Baron Waqa said. Mr Connell had a distinguished career working for the Government of Nauru which began in 1971.

He was appointed Chief Secretary and Secretary for External Affairs in late 1971 as well as Secretary to Cabinet. Mr Connell was further appointed as Counsel assisting the Commission of Inquiry established by former president, the late Hammer De Roburt, to look into the rehabilitation of the mined out phosphate lands of Nauru. 

He further represented Nauru in The Hague at the International Court of Justice in 1991 in the case concerning Nauru’s phosphate land. The  legal  team which  represented Nauru  in  its  case  seeking  compensation  for  the  rehabilitation was  led  by  Professor  Sir  Ian Brownlie Q.C. The case was settled in favour of Nauru with signifcant compensation being paid.

Those who were fortunate to have met and worked with Mr Connell describe him as a gentleman whose dedication to Nauru was immense. Mr Connell was working from Melbourne Australia as Vice Chairman of the Board of the Nauru Air Corporation, director of the Nauru Rehabilitation Corporation and a trustee of the Nauru Phosphate Royalties Trust.

Mr Connell was appointed Chief Justice of the Supreme Court of Nauru in February 2001 and retired in 2006. Mr Connell is survived by his wife, Marlene, daughter Jacqueline, grandchildren Samantha, Thomas, Warwick and Georgina and stepchildren.

The Nauru Bulletin thanks Helen Bogdan for supplying the photo and much of the background about Mr Connell

Copy pasted from Nauru Bulletin – Page 6

Wednesday, July 24, 2013

Bail Denied for Asylum Seekers Involved in the Nauru RPC Riot

Earlier on today Wednesday 24, July 2013, the District Court of Nauru has proceed on with the laying of charges on the 152 asylum seekers who have been arrested over the weekend for the rioting at the Regional Processing Centre on Friday 19, July 2013.

Photographic image copied from Nauru Politics
The charges being laid against the 152 asylum seekers so far are riot and unlawful assembly. Additional charges including arson on public buildings. The numbers of asylum seekers appearing before the Resident Magistrate of the District Court His Worship Peter Law are grouped up from 10 to 12 people. 
Photographic image taken by Mr. Clint Deidenang
The asylum seekers are being represented by court appointed lawyers. Each group was aided by an interpreter. Magistrate Peter Law first explained to the defendants that the appearances will be done in an open court whereby members of the public and the media are permitted to attend. 
Photographic image taken by Mr. Robert Delaney 

Mr Law then read the two charges of unlawful assembly and riot, explaining that all those appearing in court “assembled together in such a manner as to cause people fear, and so assembled to disturb the peace.” His Worship further said that the charges of unlawful assembly and riot are in contravention of sections 61 and 63 respectively of the Criminal Code of Nauru. 











Photographic image taken by Mr. Clint Deidenang
At the conclusion of the proceedings Magistrate Law issued an order that police briefs are to be served by 21, August 2013. Magistrate Law continued a non-publication order that the identities of all defendants be suppressed by both name and electronic images or any other means that could lead to their identification outside the precincts of the court. 
The riot on Friday 19, July began with a protest that escalated to fires and violence that ended in the burning and destruction of 80 per cent of the Centre’s infrastructure. Damages to the Centre are estimated at $60-million.                    

Monday, July 22, 2013

ASYLUM SEEKERS RIOT IN NAURU

During the riot outbreak at the Regional Processing Centre, the Asylum Seekers burned down 80% of the entire camp leaving the kitchen and the Asylum Seekers recreation area.

It is said that one of the Asylum Seekers who didn’t want to get involved in the riot had informed one of the local employee at the camp that a riot is going to take place at 2:30pm in the afternoon and that he must expect the worst case scenario to happen if the whole thing unfold.

Besides that, the Government of the Republic of Nauru had been forewarned of what is about to happen and they called the Commissioner of Police to discuss plans to preventing the whole activity, and the Commissioner told them that he already have a contingency plan in place.

According to anonymous source, the failure of policing at the time of the riot has to revert back to the Commissioner of Police and Transfield Management for not taking the initiative to preventing the entire situation, but being very inactivity in their strategic approach.

It is said that the Asylum Seekers protest begins a day before the riot reach its maximum peak, but Transfield Management and the Commissioner of Police decides to act cool, like nothing is going on. Hence, their act of ignorance has shown evidence of what it is to being non-productive.

Based on the anonymous information, a day before the riot, local employees at the camp have been given precaution to not go any place near the Asylum Seekers settlements. On that same day or the following day before the riot, an asylum seeker poured hot water on a local lady who is working at the kitchen.

Hence, by the time the riot took place, a local police officer Mr. Rory Detageouwa was stabbed with a knife on the arm by an asylum seeker during the riot that led to only worsen the entire situation and the end result is, some asylum seekers have been violently treated by the locals, despite the heavy security measures put into place to protect them.

Before the asylum seekers decides to surrender, there were seven explosions erupted from inside the camp and besides that, it is said that the asylum seekers are throwing rocks and flaming stones at the police response team, which only makes the situation more difficult than it is already.

One asylum seeker had been carried out by the Wilson Security to the ambulance and on the way, got beaten up by the locals despite the securities joint effort to ensuring his safety.

Hence, RPC buses are stoned by the locals while at the same time the asylum seekers dug inside the buses to avoid injuries. Some are crying and screaming for their lives, while the joint security task force between Wilson, Sterling and the Nauru Police Force are trying to control the crowd.

Unfortunately, those who had managed to get on the buses may have escape the trouble at the camp, for just few minutes to experience another attack outside the police station, while the others at the main central prison.

The entire nation has been left under alert for any asylum seekers that are believed to have escaped the camp and luckily, none had been spotted anywhere, otherwise they will have to suffer the worst.

Giving into account the effort of the Wilson, Sterling and the Nauru Police Force, the Asylum Seekers are lucky enough to have been protected by those they have harmed earlier, because  the time they surrendered, Sterling Wilson and the Nauru Police Force are the ones forming the line to control the angry crowd waiting outside the camp.

Thus, it is very unfortunate that the following day after the riot, Nauruan workers at the Regional Processing Centre employed under the Salvation Army are laid off from work for 1 week. Thus, these people include those who had left the Public Services and other Public Sectors to find employment at the camp.

Hence the Government’s decision to removing the Commissioner of Police Mr. Richard Britten is a good initiative, as Mr. Britten’s non-active policies have affected the overall image of the Nauru Police Force.

Today Cabinet and Caucus are going up to the camp for a site visit as per one of the Caucus members, and hopeful they will release some update on their view in this matter later on today.

The other issue that RPC personnel should worry about now is the welfare of the asylum seekers, as they are at risk now to be released into the communities anytime right after the riot. It is wise for both the Australia and Nauru Government to consider replacing the current, as they are now considered threat to the communities and maybe harmed if seen outside the camp.

More update will be posted.