THE Commonwealth has been accused of breaking human rights laws in a landmark case filed against it in the ACT Supreme Court.

Class action has been filed against two former Australian Federal Police (AFP) officers for the alleged misuse of capsicum foam on detainees at the City Watch House in 2006.



Lawyers for the eight men claim the Commonwealth, by extension, is also responsible for the alleged "systemic abuse and police misconduct", the Canberra Times reports.



The lawyers are seeking compensation for breach of the ACT Human Rights Act, which if successful could set the Federal Government back hundreds of thousands of dollars.



The plaintiffs claim the abuse happened at the hands of former Watch-House sargeant John Arthur Birch and his colleague Joanne Theta Apostoloff.



Former sergeant Birch resigned from the force in 2007 after being convicted of causing pain and discomfort to nine watch House detainees between February and September 2006.



Ms Apostoloff, 31, was also found guilty of misusing capsicum spray on a detainee in June 2006. She is no longer a member of the AFP and is believed to be living overseas.



Lawyers for the Commonwealth deny claims of torture, and argue that the Commonwealth cannot be liable for the conduct of the AFP and its members.



They also argue that the case cannot be heard because personal injury claims must be filed within three years of the incident.

Originally published as Class action over 'misuse' of capsicum foam