Compensation payment follows from United Nations ruling
September 18, 2015
Victorian man Craig Love has been told that the Victorian Government will compensate him for being assaulted, wrongfully arrested, falsely imprisoned and trespassed against by serving members of Victoria Police.
The compensation comes 12 years after the Victorian Court of Appeal awarded him damages against the police officers involved – an award he never received.
The ex gratia payment of compensation follows the United Nations Human Rights Committee ruling in May last year in Horvath v Australia, which found that Australia had violated its obligations under the United Nations Covenant on Civil and Political Rights and which saw the government compensate Mr Love’s partner Corinna Horvath, who along with Mr Love, was brutally assaulted along with her friends by police during an unlawful raid on her home in March 1996.
The Flemington & Kensington Community Legal Centre welcomes the payment of compensation to Mr Love. However, Mr Love’s solicitor, Sophie Ellis says there is still significant work to be done to ensure Victorian victims of police violence have effective remedies for human rights violations, including the right to have complaints against police independently and effectively investigated.
“The sad reality is that victims of police brutality in Victoria still struggle to receive appropriate and timely redress. Reform to our police complaints system in Victoria is urgently needed.” Ms Ellis said.
In Horvath v Australia (2014), the Committee found that the State party was obligated to ensure that police perpetrators of human rights violations are disciplined through an independent, effective and impartial complaints body. The current system for investigating police human rights violations in Victoria remains inadequate.
Flemington & Kensington Community Legal Centre wish to acknowledge Mr Love’s courage and commitment to justice and his legal team who have fought alongside him: Dyson Hore-Lacy SC, Phoebe Knowles, Michael Stanton, Tamar Hopkins and Sophie Ellis.
For background see here.