CCPR/C/132/D/2900/2016 Advance unedited version
rehabilitation throughout most part of his custodial supervision, the Committee also finds a
separate violation of article 10 (3) of the Covenant.
8.9
Furthermore, the Committee takes note of the author’s claims regarding his alleged
ill-treatment under articles 7 and 10(1) of the Covenant and the information submitted to it
by the State party in response to these allegations, namely that the author was held in
conditions that differ from those of general correctional centre conditions, that there is no
evidence that the author had been ill-treated by staff and that his placement in protective
custody had been warranted by security concerns. The Committee considers, however, that
these factors do not take away the force of the uncontested allegation regarding the negative
impact of the author’s custodial supervision whose minimum term remained unknown
throughout the term of its effect. Furthermore, the mere fact that the author preferred being
isolated instead of placed with ordinary prisoners with an increased exposure to insults does
not necessarily render his isolation lawful but is rather indicative of the limited nature of his
choices in a prison environment that did not correspond to his pathology. In such
circumstances, the Committee considers that the combination of the inappropriate conditions
of the author’s detention for most of its duration and its indefinite duration in the absence of
mandatory reviews in adversarial proceedings, have been cumulatively inflicting serious
psychological harm upon him, and constitute treatment contrary to article 7 of the Covenant.
In the light of this finding, the Committee will not examine the same claims under article 10
(1) of the Covenant.
8.10 Lastly, the Committee notes the author’s claim under article 17(1) and 23 of the
Covenant, in particular that he had limited contact with his family in Alice Springs
Correctional Centre and that his opportunities further deteriorated by his transfer to Darwin.
The Committee is mindful of the State party’s submission that in 2013, a total of eleven of
the author’s family members were supported on multiple occasions to visit the author and
while residing at the secure facility in Alice Springs, he was able to participate in programs
with his sister. In this connection, the Committee first observes that there is no sufficient
information before it to conclude that the circumstances of the author’s transfer to Darwin
indeed placed a disproportionate burden on his family life in view of the fact that the author’s
transfer seems to have purported the finding of a suitable facility for his therapeutic treatment
as evidenced by his subsequent and gradual progress. The Committee therefore limits its
examination to the period of the author’s detention at the Alice Springs Correctional Centre.
In this regard, the Committee observes that, as exemplified by the measures taken in 2013
and 2014, there have been some measures available in the State party’s arsenal to facilitate
the author’s contact with his family. The Committee notes that such support was provided to
the author at the time regardless of the State party’s objection that article 17 of the Covenant
does not cover relationships that were non-existent at the time the alleged breach occurred.
Nevertheless, the Committee observes that there is no information before it that any similar
measures had been taken prior to 2013, even though these could have been particularly
beneficial to the author. In the absence of any information concerning this particularly long
period (from August 1995 to 2013), the Committee considers that the author’s grievances
went beyond of what is inherent in detention and finds that there has been a violation of
article 17 of the Covenant. In the light of this finding, the Committee will not examine the
same claims under article 23 of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of articles 7, 9 (1) (4), 10 (3) and 17
of the Covenant.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This provision requires that States
parties make full reparation to individuals whose Covenant rights have been violated. In the
present case, the State party is under the obligation, inter alia, to provide adequate
compensation and appropriate measures of satisfaction to the author for the violations
suffered. The State party is also under an obligation to take steps to prevent similar violations
in the future.
11.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
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