Australian Attorney General Clears Way to Overturn Wrongful Convictions of Indonesian Children
February 5, 2026
The Australian Attorney General has used her mercy powers to allow two Indonesian boys, aged 15 at the time, to challenge their wrongful convictions as adult people smugglers. These boys, Anto and Samsul Bahar, were among many Indonesian children found on asylum seeker boats between 2010 and 2012. Police wrongly treated them as adults using a flawed wrist X-ray method to estimate their ages. This technique has since been discredited. Despite evidence showing they were children, they were sent to adult maximum-security prisons. Although they were released and sent home once errors surfaced, they remained convicted criminals. Earlier, former Attorney General Christian Porter refused to permit appeals, saying a miscarriage of justice was not proven. However, new Attorney General Michelle Rowland has granted the referral needed to reopen their cases. Ken Cush and Associates, their legal firm, said the appeal process had dragged on for six years. The firm is now exploring faster ways to help other Indonesian children with similar cases. A spokesperson for Rowland said the Attorney General acts on all information and court laws but could not comment on specific cases. Photos from their arrests clearly show Anto and Samsul look like children, and they told authorities they were under 18. This scandal led to a civil case where Australia was ordered last year to pay $27.5 million in compensation to about 220 Indonesian children wrongly detained as adults. New data indicates the number of affected children may have grown to 440. The fight to correct these serious errors continues.
Read More at Theguardian →
Tags:
Indonesia
Children
Miscarriage Of Justice
People Smuggling
Australian Courts
Attorney general
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