International Human Rights Case

Violations of fundamental human rights under international law and conventions

Overview

Mr. Stephen Michael Orazi's case represents clear violations of fundamental human rights as enshrined in international law and conventions. Australia, as a signatory to multiple international human rights treaties, has obligations to protect individuals with disabilities from discrimination, ensure access to justice, and uphold the right to property and financial autonomy.

The actions of the State Administrative Tribunal (SAT) and Public Trustee of Western Australia constitute violations of these international obligations, warranting investigation by international human rights bodies.

Violated Human Rights

Article 12: Equal Recognition Before the Law

UN Convention on the Rights of Persons with Disabilities (CRPD)

Violation: Mr. Orazi has been denied legal capacity and the right to make his own decisions regarding his finances, property, and business affairs. The SAT has imposed a substituted decision-making regime (Public Trustee administration) rather than providing supported decision-making.

Article 12 Requirements: States must recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life, and must provide access to support they may require in exercising their legal capacity.

Article 5: Equality and Non-Discrimination

UN CRPD

Violation: The SAT dismissed Mr. Orazi's testimony and evidence as "chronic delusions" based solely on his mental health diagnosis (schizoaffective disorder), despite objective evidence of his capacity and business achievements. This constitutes clear disability discrimination.

Article 5 Requirements: States must prohibit all discrimination on the basis of disability and guarantee equal and effective legal protection against discrimination.

Article 13: Access to Justice

UN CRPD

Violation: Mr. Orazi is trapped in a "catch-22" situation where he cannot afford legal representation to challenge the administration orders because the orders themselves prevent access to his funds. Legal Aid has refused assistance, creating a fundamental denial of access to justice.

Article 13 Requirements: States must ensure effective access to justice for persons with disabilities on an equal basis with others, including through procedural and age-appropriate accommodations.

Article 27: Work and Employment

UN CRPD

Violation: The SAT orders have effectively destroyed Mr. Orazi's ability to operate his software development company (JediTek.net Pty. Ltd.), access his company bank account, pay registration fees, or apply for government grants and R&D tax incentives. This denies his right to work and earn a living.

Article 27 Requirements: States must recognize the right of persons with disabilities to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted.

Article 17: Protecting the Integrity of the Person

UN CRPD

Violation: The administration orders have stripped Mr. Orazi of his autonomy, dignity, and ability to make fundamental life decisions. The Public Trustee's refusal to allow him to send money to his wife for medical treatment, which contributed to her death, represents a severe violation of personal integrity and dignity.

Article 17 Requirements: Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.

Right to Property

Universal Declaration of Human Rights, Article 17

Violation: Mr. Orazi has been deprived of control over his property, finances, and business assets. The Public Trustee charges over $20,000 per year in fees, depleting his assets, while failing to pay critical bills and blocking investment opportunities.

Article 17 Requirements: Everyone has the right to own property and no one shall be arbitrarily deprived of his property.

Right to Fair Trial and Due Process

International Covenant on Civil and Political Rights (ICCPR), Article 14

Violation: The SAT hearing process was fundamentally unfair. Mr. Orazi was silenced during proceedings, his evidence was dismissed without proper consideration, and his psychologist's professional testimony was disregarded. He was denied effective legal representation and the ability to present his case.

Article 14 Requirements: Everyone is entitled to a fair and public hearing by a competent, independent and impartial tribunal, with full equality and adequate facilities for the preparation of defense.

Relevant International Bodies

UN Committee on the Rights of Persons with Disabilities

The Committee monitors implementation of the CRPD and can receive individual complaints from persons with disabilities who claim their rights have been violated.

Jurisdiction: Australia ratified the Optional Protocol to the CRPD in 2009, allowing individual complaints.

UN Human Rights Committee

The Committee monitors implementation of the International Covenant on Civil and Political Rights (ICCPR) and can receive individual complaints.

Jurisdiction: Australia is a party to the Optional Protocol to the ICCPR, allowing individual complaints.

Australian Human Rights Commission

The Commission investigates complaints of discrimination and human rights violations under Australian law, including the Disability Discrimination Act 1992.

Jurisdiction: Federal jurisdiction over disability discrimination matters.

Equal Opportunity Commission WA

The Commission handles complaints of discrimination under the Equal Opportunity Act 1984 (WA), including disability discrimination.

Jurisdiction: State jurisdiction over discrimination matters in Western Australia.

Requested International Actions

1. Individual Complaint to UN Committee on the Rights of Persons with Disabilities

Submit a formal complaint under the Optional Protocol to the CRPD, documenting violations of Articles 5, 12, 13, 17, and 27.

2. Individual Complaint to UN Human Rights Committee

Submit a formal complaint under the Optional Protocol to the ICCPR, documenting violations of Article 14 (fair trial) and Article 17 (arbitrary interference with privacy and property).

3. Complaint to Australian Human Rights Commission

File a formal discrimination complaint under the Disability Discrimination Act 1992, seeking investigation and conciliation.

4. Complaint to Equal Opportunity Commission WA

File a formal discrimination complaint under the Equal Opportunity Act 1984 (WA) Part IVA, documenting discrimination on the ground of impairment.

5. International Media and Advocacy Campaign

Engage international disability rights organizations and media to raise awareness of systemic failures in Australia's guardianship system.

Supporting Evidence

Comprehensive documentation supporting these human rights violations is available in the Evidence Catalog, including:

  • SAT tribunal transcripts and orders demonstrating discrimination
  • Public Trustee financial statements showing excessive fees and mismanagement
  • Professional capacity assessments contradicting SAT findings
  • Business documentation proving legitimacy of JediTek.net operations
  • Medical records and correspondence regarding wife's death
  • Witness statements and legal correspondence