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state Governments had initiated action to apply the recommendations of the
Royal Commission and the reforms being implemented were likely to be applied
to all, and not just to aboriginal detainees. Police custody rules varied
according to each state, the maximum duration of detention being six hours.
That limit could be extended for medical reasons, to allow time to enter into
contact with a lawyer or if the judge lived far away. Any statement made by a
person in police custody after the expiry of the maximum period of detention
was inadmissible. Thus, pre-trial detention was unusual in Australia. There
was no federal prison and any person found guilty of a violation of federal
law served his sentence in a state prison. Concerning the internment of
mentally ill patients, no one in Australia could be detained other than by a
court order. Federal rules required that a decision concerning a mentally ill
person's release from an institution or the continuation of his treatment had
to be taken by at least two doctors. In addition, the Human Rights and Equal
Opportunity Commission was carrying out a broad study on the rights of
mentally ill persons.
210. With regard to articles 12 and 13 of the Convention, the representative
indicated that although the Human Rights and Equal Opportunity Commission
could deal with complaints for offences within the scope of the Convention, it
had never had before it an allegation of conduct amounting to a violation of
the Convention. The Convention against Torture did not seem to have been
invoked in Australia and, therefore, there were no statistics on cases of
torture. On the other hand, all complaints against the police in 1989-1990
had been investigated and, in many cases, the court's conclusions had been in
favour of the complainants.
211. With reference to artiCle 14 of the Convention, the representative stated
that he was not in a position to provide statistics concerning people who were
in rehabilitation centres, but three grants had been made in 1989 for a
treatment and rehabilitation programme for victims of torture and trauma in
which doctors, dentists, occupational therapists, psychiatrists and voluntary
associations were taking part. Financing for that programme was continuing.
Moreover, a professor of medicine had been requested to draw up a report to
determine the psychological and other problems that affected refugees and
other victims and to define the services and assistance to be provided to such
persons. In reply to concerns raised on the matter of compensation to victims
of ill-treatment or torture, the representative stated that in addition to the
compensation provided by law, the victim could bring an action against the
person responsible and even, as appropriate, against the Government. There
was also the possibility of ex gratia compensation, especially in cases of
abusive sentencing.
212. Referring to issues raised under article 15 of the Convention, the
representative said that, although legal systems and structures varied from
one state to another, legislation on the gathering of evidence had not in any
way amended the common law rule which prohibited the use of evidence obtained
other than by lawful means. Not only were confessions or admissions obtained
by torture inadmissible as evidence before the courts but so was all evidence
obtained under similar conditions, including expert reports and statements.
213. In relation to article 16 of the Convention, the representative stated
that corporal punishment was prohibited in most if not all public educational
institutions. For those private schools which had reserved the right to apply
-41Digitized by Dag Hammarskjöld Library
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