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Corby case a lesson

By Steven Freeland - posted Thursday, 26 May 2005


While the reasons for this are not clear, what is certain is that this is unacceptable and every effort must be made immediately to provide him with all avenues for consular support.

The Corby trial also brings into focus the advantages of bilateral treaty arrangements between Australia and the countries of the region - and perhaps elsewhere as well - which would allow for the nationals of one country to serve out any prison sentence in their home country. This mutual co-operation between countries is common in Europe and has been implemented recently between Australia and Thailand.

This process should continue and broaden, so Australians in the prisons of other countries, including Indonesia, would have the possibility of being returned to much more familiar surroundings close to their family and support network. From a "rehabilitation" viewpoint of justice, this is also a much preferred arrangement.

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Naturally, such agreements would operate on a reciprocal basis and may not be applicable in every situation, though it would give hope to those in desperate circumstances.

The plight of Corby has captured the imagination of many Australians. We must learn from this to ensure every possible legal and diplomatic effort is made to support all Australians facing trial overseas.

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First published in The Courier-Mail on May 25, 2005.



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About the Author

Steven Freeland is Senior Lecturer in International Law, University of Western Sydney, and recently has been appointed as a Visiting Professional at the International Criminal Court, The Hague.

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