Strip-searching : An Unlawful and Criminal Abuse of Human Rights
Having Specific Reference to Victoria where frequent abuses occur:and with Secondary reference to all Australian States
Signatory Parties to the ICCP and Commonwealth Countries
Document of - Angels Against Criminal Human Rights Abuse
Section 1 Rights Recognized in the ICCP
Since Australia and its respective States became signatory members of the International Covenant on Civil and Political Rights in the early 1980’s Our Nation and its States have been required to uphold its articles ( as have all signatory nations and States ) or be accountable to the International Court.
The Fundamental Precepts of the Covenant are Stated in its Introduction thus –
“THE STATES PARTIES TO THE PRESENT COVENANT,
CONSIDERING that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
RECOGNIZING that these rights derive from the inherent dignity of the human person,”
It is clear even in the foundational precepts that The Human Right to Dignity is regarded as an “Inalienable” Human Right and not revocable by any state instrumentality nor by its officials
Definition of inalienable in English_- Oxford Dictionary:
ADJECTIVE:“Not subject to being taken away from or given away by the possessor:”
This is further amplified by two Articles of the ICCPR which are restated in, and Underpinning sections of the Victorian Charter of Human Rights and Responsibilities of 2006.
Article 7 -ICCPR
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
It is clearly “Inhuman and degrading treatment” to be forced to strip naked in front of strangers acting as officials even without the additional degrading postures of genital and anus revelation required in Victorian routine procedures by Police and Corrective services officers and a clear violation of Inalienable Rights to Dignity.
“Article 10- ICCPR
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”
Again it is a clear Violation of Inalienable human rights to dignity to allow strip searching of those deprived of Liberty whether Lawfully or Unlawfully by States officials. In Victoria ‘arbitrary arrests’ are made to conduct strip-searches of females and teenage girls with voyeuristic and sexually exploitative motives by corrupt male Police officers and there is not even a same gender requirement in their Unlawful Procedures leading to sexual assaults in Custody.
Section 2 Human Rights Recognised in the Victorian Charter of Human Rights and Responsibilities (2006)
Our Victorian Charter of Human Rights and Responsibilities is built largely on its underlying foundations in the International Covenant on Civil and Political Rights and begins in its very opening statement to underscore Inalienable Human Rights to Dignity.
Preamble
“On behalf of the people of Victoria the Parliament
enacts this Charter, recognising that all people are
born free and equal in dignity and rights.”
Article 7 of the ICCPR is Included as Section 10 of the Vic Charter
10. Protection from torture and cruel, inhuman or
degrading treatment
A person must not be—
(a) subjected to torture; or
(b) treated or punished in a cruel, inhuman or
degrading way
Article 10 of the ICCP is Substantially Restated in Section 22 of the Vic Charter
22. Humane treatment when deprived of liberty
(1) All persons deprived of liberty must be treated with humanity
and with respect for the inherent dignity of the human person.
Also of Relevance to the Unlawful and abusive practice of
Strip-searching is Section 13 Rights to Privacy as there is no more inviolable sanctum of our Privacy than the privacy of our naked bodies
“13. Privacy and reputation
A person has the right—
(a) not to have his or her privacy, family, home
or correspondence unlawfully or arbitrarily
interfered with”
In addition to this it may also offend against peoples religious or spiritual beliefs as protected under section 14. Many Believers in the Abrahamic Family of Religions ( Christianity, Islam and Judaism ) believe it to be only the province of their marriage partner to view their nakedness, and Christians have a traditional belief the Body is the temple of the soul. It is repugnant to all Religious and moral persons that their children be subjected to such abuse.
14. Freedom of thought, conscience, religion and belief
(2) A person must not be coerced or restrained in a
way that limits his or her freedom to have or adopt
a religion or belief in worship, observance,
practice or teaching.
Our Victorian Charter of Human Rights and Responsibilities does more than Provide Ethical Guidelines for State Officials. It Provides the Lawful parameters and constraints binding on all State Officials who work for a Victorian State Public Authority including those in the Ministries of Justice, Police, and Corrective Services ( including its extensions in G4S contractors )
Section 38. Conduct of public authorities
(1) Subject to this section, it is unlawful for a public
authority to act in a way that is incompatible with
a human right or, in making a decision, to fail to
give proper consideration to a relevant human
right.
All other Legislation a State may introduce, or practices and procedures it may adopt through regulations are ‘Subordinate Instruments’ which cannot Lawfully over-ride Fundamental Human Rights. There can clearly be no such thing as Rights to humane Treatment when Deprived of Liberty (sect 22)( not to be treated in any manner contrary to to Inalienable Human Rights to Dignity) which do not apply because deprived of Liberty. There is no Possible Lawful Legislative, Parliamentary, Judicial, or Discretionary official over-ride when are officials are paid from the public purse to work for a democratically mandated Victorian Government Public Authority and are Duty Bound as a condition of their employment contract to act with the Lawful Responsibilities to Respect Inalienable Human Rights to Dignity as recognised in our Charter and the provisions of the ICCPR.
Section 3. Rights as Guaranteed by the Commonwealth Charter signed by her gracious majesty Queen Elizabeth II on Behalf of Crown and Commonwealth 2013
II.HUMAN RIGHTS
“We are committed to the Universal Declaration of Human Rights and other relevant human rights covenants and international instruments. We are committed to equality and respect for the protection and promotion of civil, political, economic, social and cultural rights, including the right to development, for all without discrimination on any grounds as the foundations of peaceful, just and stable societies. We note that these rights are universal, indivisible, interdependent and interrelated and cannot be implemented selectively.
We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds”
I note that our beloved Majesty Undersigns and gives the Status of Crown Law to International Human Rights Law instruments including the International Covenant of Civil and Political Rights and Its recognition of Inalienable Human Rights To Dignity. Reinforced by its specific reference in the following section.
Sect IV
“We emphasize the need to promote tolerance, respect, understanding, moderation and religious freedom which are essential to the development of free and democratic societies, and recall that respect for the dignity of all human beings is critical to promoting peace and prosperity.”
Conclusion
There is a case beyond any reasonable dispute that the practice of strip-searching is an unlawful and criminal abuse of Inalienable Human Rights To Dignity in Victoria and Elsewhere in Commonwealth Countries and States.
Human Rights, which are the Underpinnings of the Law are God Given Inalienable Rights in our Belief and rest upon our likeness to God as Human Beings. All substantive Crimes in Large ‘L’ Law are Criminal infringements, abuses and violations of human rights. There is no system of Law and governance which can Rightfully or Lawfully justify Criminal abuses of Human rights in the Name of Law and Order. In our age of Rights and In the Lords Millennial Rule we have Equality in the Rule of Law, guaranteed by due recognition of our Inalienable Human Rights to Equality, Free will and Belief, Respect, Dignity, and Fair and Honest Dealings.
There is no Authority invested in Individuals, as in the dark ages of the ‘rule of men in authority’ who ruled by whim and prejudice. there is equality in the Rule of Law in and of itself invested in Individuals, and responsibilities invested in our State Government officials to act Lawfully and Responsibly in relation to Human Rights including Inalienable Rights to Dignity of the human Person.
Consider what a serious offence it is to forcibly deprive a person and perhaps especially a female, or minor of her liberty and force her to strip naked and reveal her genitals. Yet this is exactly the crime our states unscrupulous hypocritical sex offender officials are committing contrary to Law. A High Level indecent assault which provokes and provides opportunity for further sexual assaults.
Seraph Agnoi J.D.Tarran on behalf of Angels Against Human Rights Abuse.
