CCPR/C/116/D/2233/2013
detention and the treatment of the authors in detention do not give rise to severe physical or
mental suffering of the degree required to constitute treatment contrary to these provisions.
Second, the system of mandatory immigration detention of unauthorized arrivals is not
arbitrary per se and the individual detention of each of the authors is also not arbitrary as it
is reasonable, necessary, proportionate, appropriate and justifiable in all of the
circumstances. Third, the fact of protracted detention is not in and of itself sufficient to
amount to treatment in violation of these articles.
6.12 The State party refutes the allegations that the conditions of detention amount to
inhuman or degrading treatment. The authors have been placed in the form of
accommodation assessed to be most appropriate to their circumstances. Two authors are in
immigration residential housing, one is in immigration transit accommodation and two are
in an immigration detention centre. These facilities are all operated by Serco, a private
contractor, which is obliged to ensure that people in detention are treated equitably and
fairly, with dignity and respect. The actions and behaviour of Serco staff are underpinned
by a code of conduct. Serco also has in place policies and procedures that focus on the wellbeing of people in detention.
6.13 All persons in immigration detention are subject to regular placement reviews in
respect of the conditions of detention. Regular reviews have occurred in each of the
authors’ cases. Immigration detention is also subject to regular scrutiny from external and
independent agencies, such as the Australian Human Rights Commission, the Office of the
United Nations High Commissioner for Refugees and the Minister’s Council on Asylum
Seekers and Detention.
6.14 The State party recognizes that persons in immigration detention, particularly
irregular maritime arrivals who have been subjected to torture and trauma or have preexisting mental health issues, may be vulnerable to mental health deterioration, selfharming behaviour and suicide. Events such as the refusal of a visa application, uncertainty
around one’s immigration status and time in detention can place additional stress on such
persons. For this reason, such persons have access to health care and mental support
services appropriate to their individual circumstances, and qualified health professionals
conduct regular health assessments.
6.15 All people entering immigration detention have a mental health screening within 72
hours of their arrival in order to identify signs of mental illness and any previous exposure
to torture and trauma. Additionally, they are regularly assessed medically, so emerging
health concerns and mental health issues can be identified. Irrespective of these periodic
assessments, in situations where concerns are raised about a person’s mental health, the
individual will be referred for a prompt assessment.
6.16 All immigration detention facilities, including those in which the authors reside,
have on-site primary-health-care services of a standard generally comparable to the health
care available to the Australian community and take into account the diverse and potentially
complex health-care needs of persons detained in such facilities. When required specialist
medical treatment is not available on site, detainees are referred to off-site specialists.
6.17 In August 2010 the Government implemented three new mental health policies
relating to persons in immigration detention facilities: Mental Health Screening for People
in Immigration Detention; Identification and Support of People in Immigration Detention
who are Survivors of Torture and Trauma; and the Psychological Support Program for the
Prevention of Self-Harm in Immigration Detention.
6.18 A number of the authors have received specific treatment and support for their
physical and mental health issues. All of the authors have had physical health issues, such
as dental pain or ear infections, which have been treated. Furthermore, all of the authors
have been regularly reviewed by the mental health team and have received, inter alia,
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