Human Rights probe on wrist X-rays of Indonesia 'fisherboys'

MARK DODD From: The Australian

THE Australian Human Rights Commission will probe the treatment of Indonesian 'fisherboys' amid concerns over a controversial X-ray technique used to assess their age.

AHRC president Catherine Branson announced the inquiry yesterday amid a growing furore over the use of wrist-bone x-rays by the Australian Federal Police to determine contested age claims by crew, dozens of whom have been unlawfully held in adult prisons.

The matter is now ringing diplomatic alarm bells in Jakarta with Indonesian President Susilo Bambang Yudhoyono seeking assurances from Julia Gillard that child asylum seeker crew be repatriated and not imprisoned.

In an age determination judgment last month, West Australian District Court judge Michael Bowden expressed serious concerns about the accuracy of wrist bone x-ray evidence tendered by Vincent Low, a gastrointestinal specialist.

The former head of Perth's Sir Charles Gairdner Hospital's radiological department had admitted he was not a qualified medical statistician but was interested in forensics and advised the AFP on cases involving swallowed concealed drug packages.

The inquiry which will request evidence from various government agencies - including the AFP, Home Affairs and the Department of Immigration and Citizenship - will run until mid-next year.

It will focus on the use of wrist x-rays to determine age, evidence used by the AFP despite testimony by the medical profession that the Greulich and Pyle method is unethical and inaccurate.

The Greens want the practice banned.

"I have been concerned for some time that errors may have been made in the processes used to determine the age of these individuals," Ms Branson said.

"These errors may have resulted in children being detained for long periods of time in immigration detention and in adult prisons."

Ms Branson expressed concern about the Gillard government's human rights obligations in relation to unaccompanied children arriving in Australia, specifically noting the treatment of at least 20 males held in adult prisons who say they are children.

Most are Indonesian asylum-seeker boat crew detained under mandatory sentencing laws for alleged people smuggling offences.

Earlier this month another WA District Court judge, Philip Eaton, criticised as unreliable medical evidence tendered by the government in another contested age case involving asylum-seeker crew.


(2011-11-22/The Australian)