How the High Court Australia Conspire to deny Aborigines Australia to be heard on Treaty Matters:

Petition to UN Rapporteur

Robbie Thorpe
Robert Alan Thorpe
Melbourne, Australia

James Anaya. UN Special Rapporteur on the Rights of Indigenous Peoples
Professor James Anaya
UN Special Rapporteur on the
Rights of Indigenous Peoples

Mr. Alfred de Zayas
Independent Expert on the promotion of a democratic and equitable international order
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax: + 41 22 917 9006
Email: ie-internationalorder@ohchr.org

Communications and claims under art.15 of the Rome Statute may be addressed to:
Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands

or sent by email to otp.informationdesk@icc-cpi.int,
or sent by facsimile to +31 70 515 8555.

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Dear Mr Alfred de Zayas @Alfreddezayas,
Prosecutor International Criminal Court,

Professor Anaya and other Rapporteurs,

1. My name is Djuran Bunjileenee Borun MunDunDarung (Also know as Robert Alan Thorpe);

2. My SIGNED correspondence with the rapporteurs is online here (in order to assist with ease of submission

http://www.scribd.com/doc/178263567/UN-Communication-Regarding-Commonwea...

3. A High Court challenge has been lodged but there is a collusion to pervert the Australian Constitution and the Crimes Act (Cth)

http://www.scribd.com/doc/179431172/Supreme-Court-of-India-to-teach-the-....

4. The collusion of the Commonwealth and its judiciary (state and federal) to deny a Treaty with the First Nations Peoples of Australia, is to perpetuate a crime of Genocide on false pretense of Terra Nullius.

5. This Quasi-Judicial collusion is the attempt to break and pervert every Treaty with the United Nations, Treaties on Indigenous, Refugees and Immigrants, and their local laws Charter for Human Rights and Responsibilities Act (VIC) 2006, and the Human Rights and Equal Opportunity Commission Act (Cth) 1986.

6. This is a Quasi-Judicial conspiracy to create a condition of life with the intent to destroy Aborigines, immigrant and refugee cultures, with the benefit of profitting from the proceeds of their crimes for their mates and collaborators.

7. The Special Procedures do not require the answering to the suggested questionnaires, however we have tried to complied with them as best we can.

8. If the Language is abusive, we apologise, but the United Nations Rapporteurs, and procedures allow for the facts to apply and the inadequate language to be set aside, since human rights cannot be restrainted by the limitations of language.

9. The Treaties bodies have stipulated that "mere denial of Human Rights violations is not adequate". The High Court in India, the Supreme Court of India have continuously declared that Judgement without reasons amounts to denial of justice.

10. And the Universal Declaration of Human Rights

Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
11. We note that the Commonwealth of Australia is current on the UN Security Council as its Chair.

12. In short, we charge the Commonwealth of Australia with genocide on the definition that the Commonwealth and its judiciary is complicit in "creating a condition of life with the intention to destroy" groups of peoples, based on race and ethnicity, inter alia.

13. The Quasi-judicial conspiracy to pervert Australia's local laws, in order to cause Mental harm on Aborigines, Immigrants and Refugees, to hold them from receiving effective lawful remedies, namely the Charter for Human Rights and Responsibility Act (VIC) 2006.

14. The Quasi-judicial conspiracy to pervert Australia's local laws, in a protection racket of corrupt judges protecting corrupt police force in order that the police force is used a private militia against Aborigines, Immigrants and Refugees, causing deaths and physical and mental harm.

15. Please feel free to contact us for further information, and please send us a notification of this communication to the United Nations.

With Respect,

Djuran Bunjileenee Borun MunDunDarung (Also know as Robert Alan Thorpe)

175/110 Elizabeth St

Richmond 3121
+61415801170

Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations ("communications").

Mandate
To identify possible obstacles to the promotion and protection of a democratic and equitable international order, and to submit proposals and/or recommendations to the Human Rights Council on possible actions in that regard;

To identify best practices in the promotion and protection of a democratic and equitable international order at the local, national, regional and international levels;

To raise awareness concerning the importance of promoting and protecting of a democratic and equitable international order;

To work in cooperation with States in order to foster the adoption of measures at the local, national, regional and international levels aimed at the promotion and protection of a democratic and equitable international order;

To work in close coordination, while avoiding unnecessary duplication, with intergovernmental and non-governmental organizations, other special procedures of the Human Rights Council, international financial institutions, as well as with other relevant actors representing the broadest possible range of interests and experiences, within their respective mandates, including by attending and following up on relevant international conferences and events;

To integrate a gender perspective and a disabilities perspective into his or her work;
To report regularly to the Human Rights Council and the General Assembly in accordance with their respective programmes of work;

To support the strengthening and promoting of democracy, development and respect for human rights and fundamental freedoms in the entire world.

indigenous@ohchr.org
Special Rapporteur on the rights of indigenous peoples
c/o OHCHR-UNOG
Office of the High Commissioner for Human Rights
Palais Wilson
1211 Geneva 10, Switzerland
Fax: +41 - 22 917 90 06

Urgent appeals' address:
Special Rapporteur on Torture
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland

E-mail: urgent-action@ohchr.org

- - -

The Special Rapporteur's staff will acknowledge the receipt of a submission if this is requested. They can be contacted at any time for further discussion.

Please acknowledge the receipt of this submission. Please contact us at any time for further discussion.

Dear Special Special Rapporteurs,

We present to you an Appeal against a multi-facetted attacks on human rights, against multiple groups, and in many countries.

This is a further submission in support of the email on 17 October 2013, for Urgent Action of the Special Rapporteur's mandate(s).

The same tactics seem to be employed in many countries against defenseless peoples: overtly as in South Africa, or covertly in Australia and Canada, hiding behind, inept lawyers and dishonorable judges and politicians.

Australian Aborigines support the Canadian Aborigines' push for genocide declaration at the UN, collusion to protect pedophilia, and profiting from the proceeds of crimes (against humanity).

Le Tuan PHAM
Robert Alan Thorpe

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Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG): Professor James Anaya, UN special rapporteur on the rights of indigenous peoples ;
Working Group on Arbitrary Detention
Special Rapporteur on the Human Rights of Migrants
Special Rapporteur on contemporary forms of slavery
Special Rapporteur on the question of torture
Special Rapporteur on the situation of Human Rights Defenders

a) Urgent Appeals: We seek Urgent Appeal to the Special Rapporteur(s) and the UN special rapporteur on the rights of indigenous peoples

The Special Rapporteur may resort to urgent appeals in cases where the alleged violations are time-sensitive in terms of envolving loss of life, life-threatening situations or either imminent or ongoing damage of a very grave nature to victims that cannot be addressed in a timely manner by letters of allegations.

b) Manifest disregard for Rule of Law and Material Evidence, in order to Profit from Proceeds of Crimes (Against Humanity)

Identification of the alleged victim(s):

1. Djuran Bunjileenee Borun MunDunDarung (Also know as Robert Alan Thorpe)

2. Krauatatungalung Tjapwhurong and other Aborigines Peoples;

3. Inter alia;

Identification of the alleged perpetrators of the violation (if known)

1. Commonwealth of Australia

a. Executive Branch of the Commonwealth of Australia;

b. Judiciary Branch of the Commonwealth of Australia;

c. Federal and State Police;

d. Human Rights and Equal Opportunity Commission (Cth) (Human Rights Commission)

e. Victoria Human Rights and Equal Opportunity Commission;

f. Inter alia;

Identification of the person(s) or organization(s) submitting the communication:

Djuran Bunjileenee Borun MunDunDarung

175/110 Elizabeth St

Richmond 3121

robbiethorpe@gmail.com

Le Tuan Pham

175/110 Elizabeth St

Richmond 3121

nwn.webmaster@gmail.com

BACKGROUND HISTORY:

Over 200 years of Genocide of the Aborigines Peoples of Australia.

Aborigines have been made Refugees on their own lands, by acts of deception, corruption and genocide.

Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG): Professor James Anaya, UN special rapporteur on the rights of indigenous peoples;

Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG): Professor James Anaya, UN special rapporteur on the rights of indigenous peoples ;
Article 2 of the Convention states that "genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

The Commonwealth of Australia:

Has had a White Australia Policy, in order to "breed out the Blacks";
Has had the Stolen Generation of Forcibly transferring children of the group to another group, for which the Prime Minister Kevin Rudd admits and apologises for;
Has had Black Deaths in Custody, for which no Federal or State Police or other officers have been tried for;
Collusion between the Commonwealth and the High Court Australia, to suspend the Race Discrimination Act (Cth) 1975 for Aborigines in order to send in the Australian Army on defenseless peoples, on flimsy or concocted evidence of child abuse;
All the while the Commonwealth has been covering up pedophilia in the Christian Churches;
The Pattern is clear: whenever the Commonwealth needs validation on their crimes against THEIR OWN LAWS, they run to the High Court Australia, and state judiciary in order to authorise their corruption and their crimes;
The Fraudulent activities of Apartheid is not only against the Peoples of Australia, but against the International (human rights) treaties that they have signed.
Their Protection racket is enforced by their private army of Federal and State Police.

Same Corruption Tactics on Immigrants, used on Australian Aborigines

On May 26, 2010, the Chinese man who died after crawling in agony out of his police cell was the second prisoner to die after being arrested by Dandenong police in the past six months.

Dandenong had been highlighted as a problem area for prisoners before the latest deaths. A report into conditions for people in custody by the Office of Police Integrity and the ombudsman in 2006 showed that Dandenong police station was suffering serious problems in its cells the previous year.

The report showed that between July 2004 and June 2005 there were 142 recorded incidents involving prisoners becoming ill in police cells.

CCTV footage shows the 53-year-old man doubled over and bleeding as he left his cell, pleading for help - with an interpreter saying he had been treated like a dog.

The 1991 royal commission into deaths in custody recommended that police ''should regard it as a serious breach of discipline for an officer to speak to a detainee in a deliberately hurtful or provocative manner''. The man's interpreter, known only as Jay Jay, said police told her ''he was dying anyway''.

Jay Jay said she was receiving counselling and having nightmares after witnessing the man's degradation and suffering.

He was dumped outside the station in the rain with the interpreter, waiting for an ambulance. He died the next day in hospital.

The Chinese community, as well as the wider community, is shocked and disgusted to learn that a sick man in custody was ignored for an extended period of time when he asked for assistance from the Victoria Police; particularly disturbing that police failed to call for immediate medical assistance for somebody who was obviously in distress.

The man's death came to light only after Jay Jay heard that a 23-year-old Meadow Heights man, of Turkish origin, had died in police custody this week.

In Bare v Small [2013] VSC 129 (25 March 2013), WILLIAMS J indicated:

6(3) - Does section 40(4)(b)(i) of the [Police Integrity Act] authorise the making of a decision that is incompatible with [Mr Bare's] right to an effective investigation of his complaint of cruel, inhuman or degrading treatment?

192 Question 6(3) is premised upon the existence of the asserted implied procedural right under s 10(b) and I will not answer it.

In effect that there is NO right to an effective investigation of complaint of cruel, inhuman or degrading treatment by Victoria Police or other officials.

What William J refused to answer, the existence of the asserted implied procedural right under s 10(b), is explicitly stated in

Charter of Human Rights and Responsibilities Act 2006 - SECT 8

Recognition and equality before the law

8. Recognition and equality before the law

(1) Every person has the right to recognition as a person before the law.

(2) Every person has the right to enjoy his or her human rights without

discrimination.

(3) Every person is equal before the law and is entitled to the equal

protection of the law without discrimination and has the right to equal and

effective protection against discrimination.

Charter of Human Rights and Responsibilities Act 2006 - SECT 9

Right to life

9. Right to life

Every person has the right to life and has the right not to be arbitrarily

deprived of life.

Charter of Human Rights and Responsibilities Act 2006 - SECT 10

Protection from torture and cruel, inhuman or degrading treatment

10. Protection from torture and cruel, inhuman or degrading treatment

A person must not be-

(a) subjected to torture; or

(b) treated or punished in a cruel, inhuman or degrading way; or

(c) subjected to medical or scientific experimentation or treatment

without his or her full, free and informed consent.

Charter of Human Rights and Responsibilities Act 2006 - SECT 13

Privacy and reputation

13. Privacy and reputation

A person has the right-

(a) not to have his or her privacy, family, home or correspondence

unlawfully or arbitrarily interfered with; and

(b) not to have his or her reputation unlawfully attacked.

Charter of Human Rights and Responsibilities Act 2006 - SECT 21

Right to liberty and security of person

21. Right to liberty and security of person

(1) Every person has the right to liberty and security.

(2) A person must not be subjected to arbitrary arrest or detention.

(3) A person must not be deprived of his or her liberty except on grounds, and

in accordance with procedures, established by law.

(4) A person who is arrested or detained must be informed at the time of

arrest or detention of the reason for the arrest or detention and must be

promptly informed about any proceedings to be brought against him or her.

(5) A person who is arrested or detained on a criminal charge-

(a) must be promptly brought before a court; and

(b) has the right to be brought to trial without unreasonable delay; and

(c) must be released if paragraph (a) or (b) is not complied with.

(6) A person awaiting trial must not be automatically detained in custody, but

his or her release may be subject to guarantees to attend-

(a) for trial; and

(b) at any other stage of the judicial proceeding; and

(c) if appropriate, for execution of judgment.

(7) Any person deprived of liberty by arrest or detention is entitled to apply

to a court for a declaration or order regarding the lawfulness of his or her

detention, and the court must-

(a) make a decision without delay; and

(b) order the release of the person if it finds that the detention is

unlawful.

(8) A person must not be imprisoned only because of his or her inability to

perform a contractual obligation.

Charter of Human Rights and Responsibilities Act 2006 - SECT 22

Humane treatment when deprived of liberty

22. Humane treatment when deprived of liberty

(1) All persons deprived of liberty must be treated with humanity and with

respect for the inherent dignity of the human person.

(2) An accused person who is detained or a person detained without charge must

be segregated from persons who have been convicted of offences, except where

reasonably necessary.

(3) An accused person who is detained or a person detained without charge must

be treated in a way that is appropriate for a person who has not been

convicted.

Charter of Human Rights and Responsibilities Act 2006 - SECT 24

Fair hearing

24. Fair hearing

(1) A person charged with a criminal offence or a party to a civil proceeding

has the right to have the charge or proceeding decided by a competent,

independent and impartial court or tribunal after a fair and public hearing.

The Incompetence is in Victorian Equal Opportunity and Human Rights Commission, and the Attorney-General for the State of Victoria to intervene in order to undermine the Charter of Human Rights and Responsibilities Act 2006, and the aforementioned sections, inter alia.

Ongoing violation:

In December 2012, Mr Djuran Bunjileenee Borun MunDunDarung learnt that Mr Le Tuan Pham had been discriminated by the Victoria Civil and Administrative Tribunal Member E Wentworth and Deputy President I Lulham, in an attempt to hurt Mr Pham physically and mentally;
Mr Djuran Bunjileenee Borun MunDunDarung instructed Mr Pham to include himself and his Tribe in a Judicial Review application pursuant to the Administrative Law Act 1978 (VIC) and the Charter for Human Rights and Responsibility Act 2006 (VIC);
Mr Djuran Bunjileenee Borun MunDunDarung gave NO consent for the Prothonotary of the Supreme Court or the Self Presented Coordinator Mr Andrew Draper, to remove his name from proceedings;
Affividat of Robert Alan Thorpe dated the 9 April 2003, as part of submissions for proceedings, now marked as Exhibit 1;
Affidavit of Le Tuan Pham dated 10 April 2013, as part of submissions for proceedings, now marked as Exhibit 2, contains 3 exhibits:
a. Exhibit 1: Testimony of Mr Josh Anderson dated 24/5/2011, indicating the unsafe and collusion to cause injury and harm;

b. Exhibit 2: Written request for VCAT to rehear a possession order, pursuant to the VCAT Act; on the two (2) exhibits:

i. Order of Member Creman showing that she had backdated her orders contrary to the Residential Tenancy Act and the VCAT Act;

ii. Medical report of Mr Pham's health, blood pressure and heart condition

c. Exhibit 3: is a Written Statement of Reasons by J Grainger, for a Racial Discrimination matter related to the Tenancy issue, that clearly states that there is NO Valid Notice to Vacate for Member Cremean to make an order of Possession;

6. It becomes now an issue of cover-up and perversion of justice, and racial discrimination, to protect Member Cremean and her corruption, by VCAT and the Supreme Court Victoria and the Court of Appeal;

7. Mr Djuran Bunjileenee Borun MunDunDarung was denied the opportunity to speak on his and his people's behalf twice, as per the high court documents attached;

8. Mr Djuran Bunjileenee Borun MunDunDarung feels that effective judicial remedy is ineffective in Australia;

Judicial Protection Racket and authorization of Wrongful Deaths:

Mr Djuran Bunjileenee Borun MunDunDarung has not been treated as a person as prescribed in the Charter.
There is collusion to pervert the Charter and other Human Rights Australian Laws.
The Judiciary protects the Australian Executive Branch and Federal and State Police;
In turn the Australian Executive Branch and Federal and State Police, fail to prosecute the Judiciary for violations of the Crimes Act (Cth) 1914;
In effect, Federal and State Police (and Defense Force) becomes the Judiciary's private vigilante armed forces;

Why the Ongoing Matter(s) involves these Mandates:

Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG): Professor James Anaya, UN special rapporteur on the rights of indigenous peoples ;
Article 2 of the Convention states that "genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Collusion of the Commonwealth of Australia and States, and the Australian High Court and state judiciary and tribunals, who authorise and or refuse to answer legal questions and challenges to the acts of Officers of the Commonwealth and States, pursuant to existing laws and statutes.

In other words, there are local laws and statutes in place, that the Judiciary ignores in an attempt at Causing serious bodily or mental harm to members of the group:

1. Aborigines;

2. Immigrants;

Either directly,

Or by allowing and refusing to prosecute,

Federal and State Police on unlawful deaths;

In an attempt, to profit from the proceeds of their Crimes (against Humanity) for themselves, their relatives and mates.

Working Group on Arbitrary Detention
"No one shall be subjected to arbitrary arrest, detention or exile" (Universal Declaration of Human Rights, article 9)
Aborigines have been made Refugees in their own lands;
Manifest Disregards for the Rule of law amounts to "arbitrary arrest, detention or exile" either:
Imprisonment in a Legal Void; and or
Imprisonment in Judicial Corruption.

Special Rapporteur on the Human Rights of Migrants
Le Tuan Pham, Nassir Bare, Helen Tsigounis, Hilda Zhang (as an Urgent Appeal)
Special Rapporteur on contemporary forms of slavery
Living in Fear is what it means to be a Slave;
Fear of the collusion between the Judiciary and their private vigilante Army of police officers.

Special Rapporteur on the question of torture
Physical torture of the Federal and State Police;
Mental Torture of imprisonment in Legal Void and or Judicial Corruption;
Denial of Employment, Education, Health, Public Services.

Special Rapporteur on the situation of Human Rights Defenders:
Djuran Bunjileenee Borun MunDunDarung, has been doing this for 30 years and continues to be vilified, denied social services;
Le Tuan Pham exposed the corruption and falsifying of Tribunal Orders by VCAT Member Cremean;
His reward is to be racially vilified by the Supreme Court of Victoria and the Court of Appeal.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Evidence and burden of Proof:
"In a number of cases dealing with the right to life, torture and ill-treatment, and arbitrary arrests and disappearances, the Committee has established that the burden of proof cannot rest alone with the ones complaining of the violation of rights and freedoms. The Committee also views a refutation in general a complaint of a violation of a person's human rights as insufficient."