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 Action Involved  Violations of Statutory Law  Violation of Human Rights:
International Covenant on Civil and Political Rights
 Other Violations
1.The Australian Government failed to protect Mr Fyffe's rights when it accepted that the State Insurance breached the contract by refusing to pay out a valid insurance claim, breached the subsequent court order to make payment and by that caused another year of loss of income and damages. As a result Brian Fyffe lost his farm.
* Insurance Contract Act
* Contract Law
* Article 26 * Violation of basic democratic principles
 2. The Australian Government failed to protect Mr Fyffe's rights against banks that charged interest rates of 25% and refused to accept a final payout of the loan and the termination of the loan. * Contract Law
* Article 26
* Violation of basic democratic principles
 3. No law protected the assets and livelihood of Brian Fyffe (or the equitable rights of his wife) from being distributed amongst banks and government bodies for a fraction of their value

 


* Article 26
* Violation of basic democratic principles
 4. The Australian Government did not interfere when the Supreme Court of Victoria took away the constitutional rights of Brian Fyffe to a trial by jury. * Australian Constitution
* Criminal Law
* Article 14 * Violation of basic democratic principles
 5. Courts ordered the possession of Mr Fyffe's assets whilst he was unlawfully imprisoned. Mr Fyffe consequently lost his income and was unable to defend his and his family's rights.

 

* Article 14
* Article 15
* Article 26
* Violation of basic democratic principles
 6. Law did not protect Mr Fyffe's interests when he was kept in custody for 10 months without trial for an offence not known at law. * Criminal Law * Article 9
* Article 15
* Article 26
* Violation of basic democratic principles
 7. The Australian Government denied Mr Fyffe an effective remedy for the violations of rights suffered and by that also failed to protect the rights of the Fyffe's children when it stood by when they were dispossessed of their wealth.   * Rights of a Child
* Article 24
 * Violation of basic democratic principles
 8. Mr Fyffe and his family have not been protected from unlawful attacks on their honour and reputation. A conviction for an alleged offence not known at law has not been set aside yet.   * Article 17
* Rights of a Child
* Article 24
 * Violation of basic democratic principles
 9. The Australian courts have treated Mr Fyffe's attempts to defend his rights with contempt.    * Article 26  * Violation of basic democratic principles

 10. The Australian Government did not interfere when Brian Fyffe was imprisoned and asset stripped whilst he was imprisoned due to serious flaws in the due process.

* Criminal Law
* Contract Law
* Article 2
* Article 14
* Article 26
 * Violation of basic democratic principles
 11. The Australian Government refused to protect Mr Fyffe's rights, accept a miscarriage of justice and deny an effective remedy for the wrong he and his family have suffered. * Contract Law
* Criminal Law
* Australian Constitution
* Article 2
* Article 9
* Article 14
* Article 15
* Article 17
* Article 26
 * Violation of basic democratic principles


Covenant on Civil and Political Rights:
Article 2: The Government is responsible to ensure that any person whose rights have been violated shall have an effective remedy - regardless of race, status etc. without distinction of any kind.
Article 9: Everyone has the right to liberty and security of person. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or judicial officer … and shall be entitled to within a reasonable time or to release. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Article 14: In a suit at law everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law
Article 15: No one should be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.
Article 17: Protection from unlawful interference with privacy, family, home or unlawful attack on his honour and reputation.
Article 24: Every child shall have, without any discrimination as to race, colour, sex language, religion, national or social orgin, property or birth, the right to such measures of protection as required by his status as a minor, on the part of his family, society and the State


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(C) One Voice One People. Last updated: July 2000