Principal and solicitor at Australia-based law firm Ken Cush & Associates, Mark Barrow and Frank Tuscano said, some 200 Indonesian children have been detained in Australian Federal prison since 2012. He said those children were detained illegally by the authority in Australia.
“Therefore, we are here (to Kupang) to seek justice for those children of Rote Island, East Nusa Tenggara,” Barrow told Antara here on Monday.
The children were detained for alleged involvement in human trafficking, including the smuggling of 55 Afghan asylum seekers.
Barrow said that the children have been detained for a long period in a maximum security prison.
The children were found on board boats destined for Australia and detained for people-smuggling offences between 2008 and 2012.
In 2017, Ken Cush & Associates have successfully annulled the jail sentence for Ali Jasmin in the West Australian appeal court.
Ali Jasmin was sentenced to five years in an adult jail in Perth for a minor role in a people-smuggling operation when he was 13.
“Ali Jasmin was sentenced as an adult for five years in Hakea prison in Perth, West Australia, known for its cruelty,” he added.
The Australian Federal Police (AFP) had only relied on a wrist X-ray test to establish Jasmin’s age. His Indonesian document, including birth certificate, was not shown in the court.
After a long court process, the West Australian appeal court acquitted Jasmin.
“I believe that legal mistake has occurred, and after the success, they will seek compensation for Jasmin and other kids which have been put in the same situation,” he said.
Jasmin has made his complaint to the Australian Human Rights Commission, and the at least 50 other kids from Alor, Kupang and Rote joined the complaint.
In 2012, the Australian Human Rights Commission has warned its government on civil cases regarding the detention of some 200 children for alleged human trafficking.
Meanwhile head of the advocacy team for victims in Montara case, Ferdi Tanoni said, in addition to the case, the law firm was in Kupang to seek information on the burning of more than 1,200 Indonesian traditional fishermen’ vessels in Timor Sea before they could file the legal suit.
“If this observation showed positive results then the legal suit against the Australian government would be filed,” Tanoni said.
The observation would focus on the absence of permanent borderline in the waters between Indonesia and Australia in southern Timor Sea.
Chief of the Alliance of Timor Sea Traditional Fishermen (Antralamor) Faren Mustafa and member of the association has handed over to the law firm, documents and information on the burning of their boats by the Australian government.