As someone who was briefly detained after the botched execution of a Chaser prank, I’m a fan of the rule that people shouldn’t be locked up without a good reason. This notion, which goes back to the Roman principle of habeas corpus, is the crux of the Papua New Guinea Supreme Court’s recent decision overturning the detention of asylum-seekers on Manus Island.
Reading section 42 of the PNG constitution, I wonder why we ever thought it would permit the detention of people who have committed no crime. It prevents detention except under specific circumstances – although it’s unclear whether that covers pranks involving public nudity.
Shouldn’t arbitrary detention bother Australians, too? We often throw up our hands when an Aussie’s locked up overseas even after being convicted, but we’re fine with locking up non-Australians who’ve dared to seek asylum. Which is not only no crime, but protected by a treaty to which we’re a signatory. Continue Reading →