Preventing Torture An Operational Guide for National Human Rights Institutions
In 2004, the Australian Human Rights Commission published,
A last resort?, the report of its national inquiry into children in
immigration detention. The inquiry was established to examine
whether laws requiring the detention of asylum-seeking children and
their treatment in immigration detention met Australia’s obligations
under international law.
The Commission visited all immigration detention facilities in Australia;
organized 29 focus groups with over 200 children, parents and other
former detainees; held 61 public hearings and 24 confidential sessions;
and received 346 submissions. The draft report was provided to the
authorities for their comments, before the final report was publicly
released.
Watch
Go to the Preventing Torture CD-Rom to watch more on how NHRIs can
use national inquiries to build awareness and promote action to prevent
torture and ill-treatment of people in detention.
Click on ‘Feature materials’ and then select ‘Item 19 – NHRIs: Creating
change through national inquiries’.
Key points: Chapter 11
• Conducting a public inquiry on torture and other forms of ill-treatment
allows NHRIs to perform several functions simultaneously; however, it also
presents challenges that should be considered.
• Holding a public inquiry on torture involves certain steps, such as defining
the inquiry’s terms of reference, research and analysis, holding public
hearings, visiting places of detention, conducting private interviews with
detainees and preparing a report and recommendations.
Further reading
National Human Rights Institutions in the Asia Pacific Region;
Brian Burdekin assisted by Jason Naum; The Raoul Wallenberg Institute
Human Rights Library; 2007
Going Public: Strategies for an Effective National Inquiry (DVD); Asia Pacific
Forum of National Human Rights Institutions; 2008
110 | Chapter 11: Public inquiries
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