❓ WA Parliament Question on Notice regarding the incarceration of potentially underage Indonesian prisoners in adult prisons. The question seeks information on government actions taken when concerns about a prisoner's age are raised, specifically referencing the case of Ali Yasmin.
AnsweredQoN 7875Legislative Assembly
QuestionView source ↗
I refer to the Attorney General's answer in Question Time on 16 November 2010 concerning my statements that under-age Indonesians were being incarcerated in Western Australian adult prisons, where he stated that if the he, or anyone in Government, ever receives any information that is even suggestive of the fact that someone might be under-age, it is handed to the appropriate authorities. In relation to this, I ask:
(a) since the election of the Barnett Government, on how many occasions has the Government (as indicated in the answer to the question noted above) received information suggesting that a prisoner may be under-age;
(b) on what exact dates, and on how many occasions, have concerns been relayed to the appropriate authorities and which authorities were these;
(c) why did the Government, when alerted in 2010 to the under-age of the (now proven) then 14 year old Ali Yasmin, merely move him from adult high security Hakea to adult high-security Albany and not advocate for his immediate removal from adult prison?
(a) since the election of the Barnett Government, on how many occasions has the Government (as indicated in the answer to the question noted above) received information suggesting that a prisoner may be under-age;
(b) on what exact dates, and on how many occasions, have concerns been relayed to the appropriate authorities and which authorities were these;
(c) why did the Government, when alerted in 2010 to the under-age of the (now proven) then 14 year old Ali Yasmin, merely move him from adult high security Hakea to adult high-security Albany and not advocate for his immediate removal from adult prison?
AnswerView source ↗
Answered
12 June 2012
Response time
42 days
(a)-(b) The Minister is not able to provide a response for the entire government, however since 9 September 2010 the Department of Corrective Services has on seven separate occasions made a total of 34 requests to the Australian Federal Police to verify the ages of Indonesian prisoners.
9 September 2010 (one request)
10 November 2010 (one request)
15 November 2010 (12 requests)
22 March 2011 (two requests)
15 April 2011 (13 requests)
22 August 2011 (three requests)
23 August 2011 (two requests)
(c) Prisoners are moved from one prison to another for a variety of operational, safety and welfare reasons. In the case of Indonesian prisoners it is desirable to accommodate them in a single location to make it more efficient to cater for their specific needs, and Indonesian prisoners have expressed a preference to be accommodated with their countrymen.
The Department of Corrective Services receives prisoners on the authority of a court warrant and places them accordingly. The court is the only authority that can make a legal age determination. If a claim is brought to the attention of the Department it ensures that the prisoner is fully aware of their rights to make an age determination application to the Courts through their legal representative.
As with any prisoner who raises claims about their age, the Department liaised with Mr Jasmin with the aid of an interpreter and notified the Indonesian Consulate and the prisoner's lawyer. The correct process of applying for an age determination hearing through the courts was outlined to all parties. As the legal authority, the court makes a determination and the Department responds accordingly. On 18 May 2012 Mr Jasmin was released on licence by the Federal Attorney General after she determined there was sufficient doubt about his age. There has been no legal determination made by a court as to Mr Jasmin's true age.
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9 September 2010 (one request)
10 November 2010 (one request)
15 November 2010 (12 requests)
22 March 2011 (two requests)
15 April 2011 (13 requests)
22 August 2011 (three requests)
23 August 2011 (two requests)
(c) Prisoners are moved from one prison to another for a variety of operational, safety and welfare reasons. In the case of Indonesian prisoners it is desirable to accommodate them in a single location to make it more efficient to cater for their specific needs, and Indonesian prisoners have expressed a preference to be accommodated with their countrymen.
The Department of Corrective Services receives prisoners on the authority of a court warrant and places them accordingly. The court is the only authority that can make a legal age determination. If a claim is brought to the attention of the Department it ensures that the prisoner is fully aware of their rights to make an age determination application to the Courts through their legal representative.
As with any prisoner who raises claims about their age, the Department liaised with Mr Jasmin with the aid of an interpreter and notified the Indonesian Consulate and the prisoner's lawyer. The correct process of applying for an age determination hearing through the courts was outlined to all parties. As the legal authority, the court makes a determination and the Department responds accordingly. On 18 May 2012 Mr Jasmin was released on licence by the Federal Attorney General after she determined there was sufficient doubt about his age. There has been no legal determination made by a court as to Mr Jasmin's true age.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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