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Talks break down in Indon children case
Talks between the Australian government and Indonesian lawyers have broken down in a multi-million dollar compensation case involving Indonesian children allegedly locked up in adult jails in Australia.
Indonesian lawyer Lisa Hiariej says she is "disappointed" in the impasse but is confident the matter will proceed to trial.
The Central Jakarta District Court last month ordered the Commonwealth into mediation with Ms Hiariej, who claims 115 Indonesian were held in Australian jails and detention centres for people smuggling offences while under 18 years of age.
At the time, government agencies relied on the then highly questionable and since debunked method of x-raying wrists to determine the childrens' age.
Ms Hiariej is claiming $103 million in compensation for the children.
The mediation was due to run for 30 days, but Ms Hiariej told AAP on Monday that lawyers for the Australian government have met with her only three times since the process began on September 27.
"The first mediation (session) was for an hour, the second was for only 10 minutes," Ms Hiariej told AAP.
"I'm very disappointed."
During talks, lawyers for the Commonwealth repeatedly maintained the Australian government is protected from such a claim due to sovereign immunity, she said.
Ms Hiariej says she is determined to proceed with the matter when it returns to court next week.
Her claim comes after a 2012 Australian Human Rights Commission report found that the use of x-rays, a disregard for the children's testimony about their ag,; and inadequate steps to verify their date of births resulted in dozens of Indonesian children being locked up in adult correctional facilities between 2008 to 2011.
In Australia, Ken Cush and Associates lodged a complaint with the Human Rights Commission last month, alleging racial discrimination.
They represent Ali Jasmin, who was 14 when in 2010 he was convicted for people smuggling and jailed for five years in a maximum-security Western Australian prison.
The WA Supreme Court overturned his conviction on appeal in June, finding a miscarriage of justice had occurred.
The Department of Foreign Affairs and Trade (DFAT) said on Monday "Australia has advised the court that as a sovereign state, its agencies are not subject to the jurisdiction of the court.
"Australia respects the Indonesian judicial system and the legal rights of Indonesian citizens. It is not appropriate to comment further."
http://www.news.com.au/world/breaking-news/talks-break-down-in-indon-children-case/news-story/1eeea66b3ea127d2b0bf963a2b373632

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