Australia: Laws passed to outlaw death penalty, torture

ATTORNEY-GENERAL
ROBERT McCLELLAND MP
11 March 2010

PASSAGE OF LEGISLATION TO PROHIBIT TORTURE AND THE DEATH PENALTY

Attorney-General, Robert McClelland, today welcomed the passage of legislation through Parliament which prohibits the use of torture and ensures that the death penalty cannot be reintroduced anywhere in Australia in the future.

The Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009 implements a specific Commonwealth offence of torture into the Commonwealth Criminal Code which will operate concurrently with existing State and Territory offences.

"Introducing a specific Commonwealth offence of torture will fulfil Australia's obligations under the United Nations Convention Against Torture to ban all acts of torture, wherever they occur," Mr McClelland said.

The Bill also amends the Commonwealth Death Penalty Abolition Act 1973 to extend the application of the current Commonwealth prohibition on the death penalty to State laws.

This amendment will safeguard Australia's ongoing compliance with the Second Optional Protocol to the International Covenant on Civil and Political Rights, which requires all necessary measures be taken to ensure that no one is subject to the death penalty.

"Successive Australian Governments have maintained a long-standing policy of opposition to the death penalty. The passage of this Bill will ensure that the death penalty cannot be reintroduced anywhere in Australia in the future."

These reforms demonstrate the Australian Parliament's fundamental opposition to acts that are contrary to basic human values and underline the Rudd Government’s ongoing commitment to meeting our international human rights obligations.


Attorney-General, Robert McClelland, today welcomed the passage of legislation through Parliament which prohibits the use of torture and ensures that the death penalty cannot be reintroduced anywhere in Australia in the future.

The Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009 implements a specific Commonwealth offence of torture into the Commonwealth Criminal Code which will operate concurrently with existing State and Territory offences.

"Introducing a specific Commonwealth offence of torture will fulfil Australia's obligations under the United Nations Convention Against Torture to ban all acts of torture, wherever they occur," Mr McClelland said.

The Bill also amends the Commonwealth Death Penalty Abolition Act 1973 to extend the application of the current Commonwealth prohibition on the death penalty to State laws.

This amendment will safeguard Australia's ongoing compliance with the Second Optional Protocol to the International Covenant on Civil and Political Rights, which requires all necessary measures be taken to ensure that no one is subject to the death penalty.

"Successive Australian Governments have maintained a long-standing policy of opposition to the death penalty. The passage of this Bill will ensure that the death penalty cannot be reintroduced anywhere in Australia in the future."

These reforms demonstrate the Australian Parliament's fundamental opposition to acts that are contrary to basic human values and underline the Rudd Government's ongoing commitment to meeting our international human rights obligations.