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Federal government facing legal action over Manus Island death
The family of an asylum seeker killed on Manus Island has commenced legal action against the Australian government.
Lauren Croft
The parents of Iranian asylum seeker Reza Berati, who died in 2014 in the Manus Island riots, are suing both the Australian federal government and security contractor G4S Australia, alleging negligence in their son’s death.
In an Australian Senate committee inquiry into the incident, it was found that the violence was “eminently foreseeable” and that the Australian government had failed in its duty to protect Mr Berati from harm. Despite the inquiry report specifically recommending that compensation be provided to Mr Berati’s family for his death, it was never followed.
Mr Berati’s father Torab Berati said that he wanted “justice” for his son.
“Our family is heartbroken and we have been suffering for so long with his death. We won’t recover from our loss,” he said.
“I do not want the human rights of my child to be ignored or forgotten by the world. I want the international community to protect the rights of my son. I want justice for my son. I don’t want his death to be insignificant.”
Maurice Blackburn and the Human Rights Law Centre are representing the Berati family.
Legal director of the Human Rights Law Centre, Keren Adams, said that “Reza Berati’s murder has become a symbol of both the brutality and impunity of the offshore detention system.”
“He came to this country seeking safety and was killed by the very people meant to be protecting him. His parents have been left ignored and unheard, traumatised by their son’s murder. These proceedings can’t bring back their son, but they can ensure that those ultimately responsible for his death are finally forced to account for their actions,” she said.
This case will be the first time that civil proceedings have been brought in Australia on behalf of the family of someone who has died in offshore detention.
Jennifer Kanis, principal lawyer and head of the social justice practice at Maurice Blackburn, said that the death should never have happened.
“The Australian Government and the security operator G4S failed in its duty of care to the people in offshore detention. It was their job to make sure staff were properly trained and the centre was properly equipped to deal with any outbreaks of violence,” she said.
“Their failure to protect these people in their care has led to the tragic death of Reza Berati, and caused devastating harm to his parents. It’s been seven years since his death, but his parents feel the pain of his absence every single day.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
