Legal scholars' statement in support of Gillian Triggs

Australian Human Rights Commission President Gillian Triggs has come under attack from sections of the media and government. AAP/Quentin Jones

Australian Human Rights Commission President Gillian Triggs has been the subject of unusually fierce criticism by sections of the media and government, including Prime Minister Tony Abbott.

Senior Australian academics in human rights law have jointly drafted a letter in support of Gillian Triggs and expressing their disgust at the public attacks. The letter is published here in full.


We, the undersigned, are concerned about recent public criticism of one of Australia’s most respected independent public office-holders, Australian Human Rights Commission (AHRC) President Gillian Triggs. Below we comment on the relentless attacks, including from Prime Minister Tony Abbott, of her recommendation in the Basikbasik matter. In our view, they are based on a misunderstanding of the role of the commission.

Independent public office-holders are an important part of modern democratic societies. Their task is to ensure accountability for abuses of power by government. Their capacity to perform this role depends on their independence and ability to act impartially.

Independence and impartiality are undermined when a political leader publicly attacks holders of public office and when the media presents inaccurate accounts of the work of public institutions.

The Australian Human Rights Commission Act provides in Section 11(1)(f) that the commission has a function to:

… inquire into any act or practice that may be inconsistent with or contrary to any human right.

In the Basikbasik case, which has been at the heart of the recent criticism, the AHRC did not recommend that Mr Basikbasik be released into the community forthwith. Rather, the commission found that Mr Basikbasik had been held in detention for a total of 13 years – a six-year period of imprisonment following a criminal conviction, then a further seven years in immigration detention.

The commission found that the government had not established that continued detention after completion of sentence was necessary. It was therefore arbitrary and in breach of the human rights standards Australia has voluntarily accepted. The commission recommended that a less punitive form of community detention be found for Mr Basikbasik and that he be compensated for his lengthy arbitrary detention, in line with widely accepted national and international standards and precedents.

President Triggs has made clear that she respects the government’s right to reject her findings, including her recommendations. The government should likewise respect the commission’s role in investigating complaints and reporting its findings to the minister according to law.

If the government disagrees with the commission, providing a reasoned explanation of why it considers the commission’s reasoning or conclusions to be wrong as a matter of law would be the most constructive way of contributing to the discussion of the important and sensitive issues involved in this case.

In our view, the President of the Australian Human Rights Commission has carried out her duties under the Act with independence, impartiality and professionalism.

Signed by:

Professor Don Anton, Professor of International Law, Griffith Law School, Griffith University

Associate Professor Afshin Akhtarkhavari, Griffith Law School, Griffith University

Kevin Boreham, Lecturer, ANU College of Law, Australian National University

Professor Andrew Byrnes, Australian Human Rights Centre, Faculty of Law, UNSW

Professor Hilary Charlesworth, Centre for International Governance and Justice, College of Asia and the Pacific, Australian National University

Professor Holly Cullen, Faculty of Law, the University of Western Australia

Dr Alice de Jonge, Senior Lecturer, Department of Business Law & Taxation, Monash University

Professor Andrea Durbach, Director, Australian Human Rights Centre, Faculty of Law, UNSW

Emeritus Professor Judith Gardam, Law School, University of Adelaide

Associate Professor Paula Gerber, Castan Centre for Human Rights, Monash University

Professor Fleur Johns, Faculty of Law, UNSW

Professor Sarah Joseph, Castan Centre for Human Rights Law, Monash University

Professor David Kinley, Chair in Human Rights Law, Sydney Law School, University of Sydney

Professor Penelope Mathew, Griffith Law School, Griffith University

Professor Jane McAdam, Scientia Professor and Director, Andrew and Renata Kaldor Centre for International Refugee Law, UNSW Law

Associate Professor Adam McBeth, Faculty of Law, Monash University

Associate Professor Justine Nolan, Australian Human Rights Centre, UNSW Law

Professor Anne Orford, Michael D Kirby Professor of International Law, Law School, University of Melbourne

Professor Dianne Otto, Francince V. McNiff Chair in Human Rights Law, Director, Institute for International Law and the Humanities, Melbourne Law School

Professor Joellen Riley, Faculty of Law, University of Sydney

Professor Ben Saul, Professor of International Law, Faculty of Law, University of Sydney

Professor Tim Stephens, Professor of International Law, Faculty of Law, University of Sydney

Professor John Tobin, Melbourne Law School, University of Melbourne

Associate Professor Margaret Young, Melbourne Law School, University of Melbourne

Associate Professor Matthew Zagor, ANU College of Law, Australian National University