The death of a 36-year-old Fiji detainee at Villawood detention centre on Monday bears disturbing similarities to the death a decade earlier of a Tongan man on the day he was due to be deported from Maribyrnong detention centre in Melbourne.
Fellow detainees say Josefa Rauluni, a fruit picker sending money home to his wife and children in Fiji who was arrested in August for overstaying his visa, leapt to his death from the roof of Villawood detention centre hours before he was due to be deported to his home country. In a letter to the NSW Ministerial Intervention Unit dated September 19 — the day before his death — he wrote: “If you want to send me to Fiji, then send my dead body.”
Viliami Tanginoa died in the teeming rain on December 22, 2000 after diving head-first from atop a basketball hoop, where he had been crouched for some eight hours. Tanginoa –whom investigating coroner Lewis Byrne described in his findings as a “gentle, quiet, apparently uncomplicated man” — came to Australia on a six-month visitor’s visa in 1983. He was arrested 17 years later and transferred to Maribyrnong detention centre. Four months later he was dead.
Although officials are tight-lipped about Monday’s death, the similarities between the deaths are already striking. Both men died on the day of their scheduled deportation, after pleading to be allowed to remain in the country. Both men were engaged in discussions with detention centre officers for some time — Rauluni for one and a quarter hours allegedly and Tanginoa for eight hours — before leaping to their deaths.
In both cases, the threat of suicide was imminent and obvious, yet detention centre staff failed to call police or engage professional negotiators.
The adequacy of the management of the crisis by the private operator of Maribyrnong detention centre, Australian Correctional Management, that culminated in Tanginoa’s death was the principle focus of the 2003 inquest. Coroner Byrne delivered a scathing appraisal of the company’s handling of the situation in his findings, handed down in November that year:
“What I see is a haphazard, unmethodical, wholly inadequate approach. That in my considered view was a clear deficiency in performance… If expert negotiators had been involved I am satisfied the tragic event would have been prevented.
“Whilst the immediate cause of Mr Tanginoa’s death was his own action in taking the decision… Another cause was the inaction of centre management; a failure to manage.”
The “ineptitude” of ACM’s approach was epitomised, he added, by the actions of the operations manager, who was seen on videotape bouncing a basketball on the court below where the desperate man was perched.
“[V]irtually the only pro-active action taken by management was to endeavour to place a ladder against the pole to facilitate Mr Tanginoa’s descent and to place some mattresses on the ground in the vicinity on [sic] the base of the pole,” the findings said.
Refugee advocate Sara Nathan described a similar scene at Villawood under its operator Serco, telling reporters on Monday that “SERCO officers actually put mattresses on the floor and told him to jump”. She also said that “one SERCO officer climbed the ladder to try and grab him and handcuff him”.
The coroner made six recommendations aimed at preventing a repeat of Tanginoa’s death, including a recommendation that external facilitators be used in crisis situations. Another recommendation directs the Department of Immigration and ACM to revise their protocol “with respect to all detainees who are known to be at risk of self harm, particularly all persons who have been served with a Notice of Removal, for whom all legal avenues for immigration have been exhausted and for whom removal is imminent”.
Charandev Singh, a human rights advocate and paralegal who has worked on deaths in immigration detention since 2000, has described Monday’s death as a “catastrophic failure”.
“I worked for three and a half years on Viliami’s inquest and it’s all but gone,” Singh told Crikey. “There is no space where the department can say ‘we don’t know the consequences of what we’re doing’. They know precisely. Obviously the lessons of Viliami’s death have been seemingly completely unlearnt or ignored.”
According to Singh, Monday’s death is the 27th death in all forms of immigration detetention, including navy interceptions, since 2000. He says it is the fourth death in Australian detention by jumping from an elevated position. It is also the fourth death of a detainee at Villawood. In January 2002, Thi Hang Le, a Vietnamese national with serious mental illness, died after leaping from a second-storey balcony from which she had twice previously attempted suicide — the same day she was due to be deported.
In July 2001, Avion Gumede, a South African labourer and with a five-year-old child, hanged himself hours after arriving at Villawood. In September that year, Puongtong Simplee, who told Immigration officials she had been brought into the country as a child s-x worker, died of malnutrition less than 72 hours after entering the centre.
We have learnt that these illegal offenders will stop at nothing to grab attention.
We should not allow them to even be seen by TV crews.
If you had no coverage you would get no issues.
Better still process off shore and better still stop them coming through direct action or no incentive
Simple Chris Bowen
Mohammed Saleh died in hospital after being denied decent medical care for cancer, Fatima Erfani was a 27 year old Afghan mum of three who had a massive stroke after 6 months of headaches and despair on Christmas Island, a Vietnamese woman jumped off that same room in 2002 after being suicidal a number of times and the department did not even contact her parents.
All the people who died were completely innocent, they would never have been charged with any offence.
Yet in WA the coroner almost always refuses to do and inquest for “foreigner deaths in custody”.
And the 5 Afghans who died last year after being told they were being sent illegally back to Indonesia were the direct result of navy brutality and racism, no matter how well some behaved later.
The abuse of innocent people in this manner never stops it seems.
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But Simaplee did not die of malnutrition per se, she died in a pool of her own shit and vomit after being given Largactil against medical orders. IN other words she was killed by DIAC.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2004/37.html?query=al%20kateb
Here is the actual judgement. Paragraph 86 is there for all the world to see.
“From 1901 to 1994, federal law contained offence provisions respecting unlawful entry and presence in Australia, which was punishable by imprisonment as well as by liability to deportation. The legislation gave rise to various questions of construction which reached this Court[90]. The first of these provisions was made by the Immigration Restriction Act 1901 (Cth) (“the 1901 Act”)[91]. Section 7 thereof stated:
“Every prohibited immigrant entering or found within the Commonwealth in contravention or evasion of this Act shall be guilty of an offence against this Act, and shall be liable upon summary conviction to imprisonment for not more than six months, and in addition to or substitution for such imprisonment shall be liable pursuant to any order of the Minister to be deported from the Commonwealth.
Provided that the imprisonment shall cease for the purpose of deportation, or if the offender finds two approved sureties each in the sum of Fifty pounds for his leaving the Commonwealth within one month.”
As enacted in 1958, s 27 of the Act continued this pattern. That provision eventually became s 77 of the Act, but this was repealed by s 17 of the Migration Reform Act 1992 (Cth) (“the 1992 Act”). It has not been replaced[92].”
.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2004/1267.html?query=hamdan
“30 It is important to emphasise that the client did not escape from custody. It would have been an offence for him to have done so: see 197A of the Act. He was released from detention pursuant to a court order. Neither was he committing or proposing to commit an offence simply because he was taking steps to avoid being detained. As Gummow J indicated in Al-Kateb at [86] ff, the current Migration Act, unlike its precursors, does not make it an offence for an unlawful non-citizen to enter or to be within Australia in contravention of, or in evasion of, the Act.
31 Further, as Hayne J observed in Al-Kateb at [207]-[208] the description of a person’s immigration status as “unlawful” serves as no more than a reference to a non-citizen not having a “valid permission to enter and remain in Australia”. The use of the term “unlawful” does not as such refer to a breach of a law.”
So where is the offence?
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@MARILYN – As we’ve said before, it does get tiresome. For every ‘known’ death, there are others like the ones you stated here. There are also those whose lives have been reduced to a constant state of PSTD and other forms of mental illnesses – both adults and children, who may need medical assistance for life.
INGA TING -‘WE’ will only learn when “WE” listen to the professional views of others. For instance, Prof.Louise Newman, who is the head of the FEDERAL GOVTS OWN ADVISORY BOARD for god’s sake! What is the point of having a BOARD and someone specialised in the mental health of children, from babies to young adults, and you don’t take their advice?She’s just wasting her valuable time, when she could be assisting young patients, or giving lectures to people at Uni who DO WANT TO LEARN!
@ Liz45
Of course they are criminals, they are in Australia illegally, which is why they are being deported. They are also queue jumpers.