Legal rights routinely cast aside for young people-smuggling suspects

INDONESIAN juveniles accused of people-smuggling are routinely being denied their right to silence by Australian authorities

INDONESIAN juveniles accused of people-smuggling offences are routinely being denied their right to silence by Australian authorities and are regularly interviewed without lawyers present.

In a submission to the Australian Human Rights Commission, Legal Aid Queensland has raised fresh concerns about the treatment of hundreds of Indonesians who arrive on Australia's shores as crew on asylum boats.

The agency says Indonesians are making admissions to Immigration officers, often without lawyers present, which are being used against them in court.

Of most concern, LAQ accuses authorities of questioning Indonesians suspected of people-smuggling even after they have invoked their right to silence.

"It has been the experience of LAQ that when individuals are questioned and they indicate that they do not wish to proceed with questioning, questioning is still pursued," the agency writes.

"Given the vulnerability of the individual, questions are often answered despite prior assertion of an intention to remain silent."

The failure to allow the crew access to proper legal representation could also jeopardise the admissibility of confessions made during the interviews.

The treatment of the mostly poor fishermen, who have little or no knowledge of the tough penalties awaiting them, is a thorny issue between Canberra and Jakarta. At present, 206 crew are before the courts and more than 220 have been convicted, the Australian Federal Police says.

In its submission, LAQ spoke of "significant delays" in determining whether a suspect was an adult or a child -- often a key point of contention. There are particular concerns about the use of wrist X-rays to determine age.

The practice has been described by medical experts as unreliable, but is used by the AFP to determine if a suspect should be tried or sent home.

But LAQ's submission makes clear the alternative method, the targeted interviewing techniques used by the Immigration Department, also carries risks.

LAQ cites the case of an Indonesian kept in a juvenile facility by Immigration for three months then transferred to a maximum-security adult jail for nine months, only to be returned to Indonesia when charges were dropped.

While sceptical of wrist X-rays, LAQ urges they not be "abandoned completely" as they can exonerate underage Indonesians. It says it has been told of instances where Indonesians have been interviewed for immigration purposes only to find the information used by prosecutors in subsequent age-determination hearings.

"The answers (given) . . . in the course of these interviews may have a direct impact on whether the individual is later charged with a criminal offence," LAQ warns.