Charif Kazal: Sydney man’s lawyers demand Australia’s expulsion from UN Human Rights committee after ICAC fail

A high-powered legal team has called for Australia to be expelled from the UN Human Rights Committee following the Federal Government’s refusal to apologise and compensate a Sydney businessman who was forced to launch an international legal battle to clear his name.

Lawyers for Charif Kazal, which includes the world-renowned human rights barrister Geoffrey Robertson KC, made the call after that same UN Human Righs Committee found that the 51-year-old had been wronged when the NSW corruption watchdog ICAC made an adverse finding against him.

Mr Kazal’s legal team has argued that it is “imperative” to pressure the Albanese Government into abiding by the UN committee’s decision.

Lawyers for a Sydney businessman who successfully cleared his name after an international legal battle which went all the way to the UN Human Rights Committee have called for Australia to be expelled from that same committee after the Federal Government rejected findings that it should apologise and compensate the 51 year-old.

The high-powered legal team for Charif Kazal, which includes the world-renowned human rights barrister Geoffrey Robertson KC, have argued it is “imperative” to pressure the Albanese Government into abiding by the UN committee’s decision that Mr Kazal has been wronged by the NSW corruption watchdog ICAC and deserves an apology and reparations.

“The HRC should not allow members (Australia) to behave with such blatant hypocrisy: If they cannot accept the Committee’s adjudications they should be excluded from it…” Mr Kazal’s lawyers said in a submission to the Office of The Commissioner for Human Rights.

“The State (Australia) is not prepared to even to discuss (the HRC ruling) with Mr Kazal. It proclaims its support for the international human rights system, but in reality, resists that system when its decisions are inconvenient,” their submission said.

Mr Kazal’s troubles began in 2011 when ICAC labelled him corrupt after public hearings into his and his family’s dealings with an employee of the Sydney Harbour Foreshore Authority (SHFA), Andrew Kelly. The inquiry held hearings into the leasing of four multi-million-dollar properties at Sydney’s The Rocks foreshore area to Mr Kazal. Mr Kelly was at the time a senior executive at SHFA and responsible for leasing and at the same time he had private business dealings with Mr Kazal and failed to disclose a conflict of interest. When Mr Kelly and Mr Kazal went on a trip to the United Arab Emirates together to examine business opportunities and with the possibility of a job for Mr Kelly, Mr Kelly said he had later been reimbursed for the flights and accommodation by Mr Kazal. The ICAC found Mr Kazal engaged in corrupt conduct by trying to influence Mr Kelly with the job offer and by paying his travel expenses. Mr Kelly was also found to be corrupt over the conflict of interest.

The matter was referred to the NSW Director of Public Prosecutions, but the DPP found there was not enough evidence to charge either man.

But Mr Kazal’s reputation had been trashed and he spent years unsuccessfully attempting in Australian courts to have the corruption finding overturned.

After exhausting all legal avenues in Australia, Mr Kazal took his fight to the UN Human Rights Committee which found in his favour.

Mr Kazal told The Nightly “this injustice consumed the prime years of my life from 36-years old. I will never get this time back and you can only imagine the pain, suffering and loss my family and I have had to endure.”

Sydney law firm, Mitry Lawyers, together with Mr Robertson argued the lack of any exoneration mechanism in the ICAC legislation left Mr Kazal with the reputational stain of being labelled corrupt even though criminal charges were never brought against him. As a result, he had no way of addressing that injustice.

The Human Rights Committee found ICAC had violated Mr Kazal’s rights and he could never challenge that violation. This had given rise to a perception by the public that he was corrupt.

The committee had recommended the Australian Government take appropriate steps to remedy the matter with an apology and compensation. It also recommended the Government take steps to prevent any future, similar violations.

The Deputy Leader of the Federal Opposition, Ted O’Brien, made a statement in Parliament on Thursday saying Mr Kazal had been egregiously wronged and denied justice and appropriate steps should be taken to resolve the matter.

“Given it is the Australian Government which is signatory to the UN’s human rights treaties and optional protocols, the Commonwealth has obligations in this regard,” Mr O’Brien said.

“Mr Kazal has sought to meet with this Government’s Attorneys-General former and current but has not been granted a meeting. I too have made representations without success.

“I stand in this parliament today to ask if the AG will an apology be made to Mr Kazal in compliance with the UN decision and will she take the time to meet with Mr Kazal?”

In a separate letter to Federal Attorney General Michelle Rowland in September, Mr Kazal’s legal team called on her department to urgently engage in settlement discussions and a national public apology to the businessman.

After Mr O’Brien’s speech in Parliament, the Attorney-General’s office responded immediately apologising for the delay but reiterating that the Government “respectfully disagrees with the Committee’s finding and …”does not accept that the Australian Government is obliged to compensate Mr Kazal or take steps to prevent future violations.”

The letter on behalf of the Attorney-General said it notes that significant reforms have since been made by the ICAC.

Richard Mitry from Mitry Lawyers has said the Australian Government’s response has been entirely unsatisfactory and the Government must, as a State Party to the UN convention honour its obligation to protect the rights of its citizens and to make good any damage caused by a violation of that right declared by the committee.

“…The Government treats him (Mr Kazal) deplorably and as if the HRC decision has not been made. It is important in our submission that the Australian Government face up to its responsibilities and deal with Mr Kazal, otherwise its truculence should be revealed to the world. There will be no other way to bring it into line short of expelling it from the Human Rights Committee,” Mr Mitry submitted to the UN.