Australia has secretly handed over a boat full of Tamil refugees to Sri Lanka's navy, which is sure to torture them.

The Australian government cannot shield itself from condemnation by refusing to admit its actions. That can prevent us from getting proof, but we don't need that standard of proof to condemn a state for evildoing. The state's refusal to say what happened is enough basis to declare it guilty.

It is different when a human being is prosecuted. For instance, when the minister is put on trial for his role in this, he will be entitled to be considered innocent unless proved guilty. However, at that time it will also be possible to subpoena the evidence to see if it proves his guilt.

None of that applies now, because a state is not entitled to human rights.