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    Media Release 28

    28 May 2008

    FOR IMMEDIATE RELEASE

     Points for journalists

    Justice Out of Reach

Findings from the long awaited ARDS report – “An Absence of Mutual Respect” – were released during Northern Territory Law Week this week. This report found that a massive communication gulf, based on acute language and cultural barriers, is experienced by both legal practitioners and Yol\u people on a daily basis.

These barriers were found to often accelerate a Yol\u person’s descent into legal trouble.

Worse still is that the problem is regularly unidentified or unacknowledged.

According to the United Nations International Covenant on Civil and Political Rights, people must “be informed promptly and in detail in a language which he understands of the nature and of the cause of the charge against him”[1]. Australia has signed this Covenant, yet does not meet this most basic standard.

To download your copy of this report  click here

    [1] ‘International covenant on Civil and Political Rights’, new York, 16 December 1966. Reprinted 1980 No. 23 in ‘Australian Treaty Series’ by Australian Government Publishing Service Canberra, www.austlii.edu.au/au/other/dfat/treaties/1980/23.html

    Richard Trudgen, CEO of ARDS, says, “The report was based on many hours of dialogue with Yolngu (Aboriginal people) from north-east Arnhem Land and shows that it’s much harder for Yolngu to get "justice" than it is for other Territorians".

    The Justice System operates on the basis that everyone comprehends what is happening when they are involved in the court process.

    “Most of the language used inside a courtroom like bail, consent, remand, charge, alleged and accused leave the people confused, not sure of how they should respond, or even if they should respond,” said Trudgen.

    The research was funded by the Commonwealth Department of the Attorney General through the National Community Crime Prevention Programme.

    For further information, please contact: Richard Trudgen phone (08) 8987 3910.

    To better understand the issues behind the findings in this report, attend one of our  'Bridging the Gap'Seminars .

 

"Absence of Mutual Respect" Report 
(1.3MB PDF)
Please note: This report is optimised for web viewing. Image resolution may be low to ensure speedy download time. To obtain a full resolution print copy of this resource, please contact us at info@ards.com.au