Townsville man Pat Coleman was locked up for making a speech.
(photo: Olivia Ball)

Take action to remedy the violation of freedom of expression found in Coleman v Australia

Patrick Coleman made a speech in Townsville’s pedestrian mall without a permit, in breach of a local government by-law. He was fined and subsequently detained by police for 5 days for non-payment of the fine. The UN Human Rights Committee found that his speech was on subjects of public interest (human rights, land rights and mining) and his conduct was neither threatening nor unduly disruptive. His arrest, conviction and imprisonment were ‘disproportionate’ and ‘undoubtedly’ a violation of his right to freedom of expression. Australia is required to quash his conviction, refund his fines or court costs (nearly $3,000) and compensate him for his imprisonment. It has done none of these.

Write to the Premier of Queensland, Annastacia Palaszczuk:

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The Hon Annastacia Palaszczuk MP
Premier of Queensland
P.O. Box 15185
City East QLD 4002

Dear Premier,

I wish to bring to your attention a violation of freedom of
expression in Queensland found by the United Nations in the case of
Coleman v Australia and urge your Government to act to remedy it.

I was shocked to learn that a Townsville student named Patrick
Coleman was fined for speaking publicly in favour of human rights.
He was then imprisoned for 5 days for not paying the fine.

The UN Human Rights Committee (UNHRC) has found that this was a
'disproportionate' response and 'undoubtedly' a violation of his
freedom of expression.  It found that Mr Coleman’s conviction should
be quashed, his court costs repaid and that he should be compensated
'for the detention [he] suffered as a result of the violation of his
Covenant right'.

As Australia is a party to the International Covenant on Civil and
Political Rights, all Australian governments are obliged to defend
freedom of expression and guarantee an effective and enforceable
remedy when the right is violated.  I urge you to abide by our
international legal obligations and promptly remedy the violation
exposed in Coleman v Australia in the manner clearly outlined by the
UNHRC.

Yours sincerely,

[your name and details will appear here]

CC:
Senator the Hon Michaelia Cash, Attorney-General
Hon Mark Dreyfus QC MP, Shadow Attorney-General
Hon Yvette D'Ath MP, Queensland Attorney-General
Hon Jarrod Bleijie MP, Queensland Shadow Attorney-General

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