CAT/C/AUS/CO/4-5
Identification of victims of torture among asylum seekers
18.
While taking note of the information provided during and after the dialogue, the
Committee considers that it does not have sufficient information on the screening carried
out with regard to persons who, irregularly, seek to arrive or arrive in the State party, in
particular in the context of the policy of intercepting and turning back boats, to be able to
assess whether adequate conditions are in place to conduct thorough evaluations that permit
effective identification of victims of torture (arts. 2, 3 and 16).
The State party should:
(a)
Ensure that effective measures are in place to identify as early as
possible all victims of torture among asylum seekers and among other persons in need
of international protection, and provide them with priority access to the refugee
determination procedure and access to treatment for urgent conditions;
(b)
Provide a thorough medical and psychological examination and report,
considering application of the procedures set out in the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol), by adequately trained independent
health experts, with the support of professional interpreters, when signs of torture or
traumatization have been detected during the personal interviews and, on that basis,
provide access to immediate rehabilitation;
(c)
Provide regular training on the procedures established in the Istanbul
Protocol to asylum officers and health experts participating in the asylum
determination procedure, including training on detecting psychological traces of
torture and on gender-sensitive approaches.
Child sexual abuse
19.
While welcoming the establishment of the Royal Commission into Institutional
Responses to Child Sexual Abuse, the Committee remains concerned, inter alia, as to
whether the outcome of the Royal Commission’s work will result in criminal
investigations, prosecutions, and redress and compensation for victims. Furthermore, the
Committee is concerned at the information received regarding the reported reply that the
representative of another State party provided to the Royal Commission at one of its
hearings, that providing all documents relating to sexual abuse by priests in the State party
was “unreasonable” and that these represented the “internal working documents of another
sovereign State”. The Committee — while taking note of the information provided by the
delegation that the Royal Commission is independent and that it has statutory powers to
compel the provision of documents — reminds the State party that it has the responsibility
to ensure that all reports of breaches of the Convention are promptly and impartially
investigated and that assistance is sought from other States parties when necessary to
conduct such investigations (arts. 2, 9, 12, 14 and 16).
The State party should adopt the necessary measures to ensure that:
(a)
Adequate support is provided to the Royal Commission to enable it to
carry out its work efficiently, including by assisting it in seeking relevant information
from other States parties;
(b)
All allegations of sexual abuse, regardless of the time of their
commission, are promptly, impartially, thoroughly and effectively investigated and
perpetrators are brought to justice and, if found responsible, are punished in
accordance with the gravity of their acts. In that respect, it should ensure that the
work of the Royal Commission supplements criminal prosecutions and court
proceedings and is not a substitute for them. The State party should also take all
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