Lawyer Group's Concern For Torture Advocate's Case Bias

The Age

Thursday May 19, 2005

LIZ MINCHIN

A NATIONAL lawyers' association has called for an investigation of refugee cases decided by the head of Deakin University's law school, who sparked uproar by advocating the use of torture.

The Immigration Lawyers' Association of Australasia yesterday wrote to the Federal Government, asking that all of Professor Mirko Bagaric's decisions as a member of the Refugee Review Tribunal be checked for any evidence of bias against torture victims.

Professor Bagaric, who worked part-time on the refugee tribunal between July 2002 and early this year, co-wrote a paper with Deakin law lecturer Julie Clarke arguing that torture can be a "morally justifiable" interrogation method when many lives are in danger. An extract of the paper appeared in The Age earlier this week.

Association president Glenn Ferguson said Professor Bagaric's declarations meant he no longer appeared impartial on torture cases.

The Deakin Law Students' Society, which represents about 500 students at the Burwood campus, last night decided to distance itself from the views of their lecturers.

President Toby Tucker said: "We believe freedom of expression is essential, but are concerned that the public and the legal community will not be able to disassociate the reputation of our law school and its graduates with the contents of the article."

Meanwhile, Professor Bagaric's colleague from Deakin, senior law lecturer Richard Edney, defends the law school head in today's Age.

"Abuse and personal vitriol appear to be the themes that have characterised the attack," he writes.

© 2005 The Age

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