Advance unedited version CCPR/C/132/D/2365/2014
minor, who met with their wards regularly and provided individual help. All programmes
and trainings were tailored to individuals’ age, gender, religious background and needs.
National authorities carefully monitored quality of the services provided by the private
companies.
4.6
The State party further submits that the authors made only general allegations under
article 10 of the Covenant about their conditions of detention on Christmas Island, without
providing any evidence or supporting information. The State party contends that all
individuals detained in immigration facilities are treated with respect and that conditions of
detention are appropriate. Several private contractors ensure wellbeing of individuals in
detention. They provide communication services (e.g. access to computers, Internet,
television, libraries), educational programmes (including primary and secondary education),
mental health enhancement activities, access to religious practice, legal advice, health care,
and other services. The State party emphasises that all individuals in detention, and
specifically minors, are provided with access to qualified mental health professionals to
monitor and avoid deterioration of their mental state. All individuals entering immigration
detention are subject to mental health screening within 72 hours of their arrival. Subsequent
medical evaluations take place after six, twelve, eighteen months and regularly thereafter.
Special programmes are introduced for vulnerable individuals (e.g. victims of torture). The
State party further notes, that whilst on Christmas Island, the authors were housed in
Alternative Places of Detention or so-called Construction camps. These camps are used to
meet specific needs of individuals which cannot be fulfilled in regular immigration detention
centres or community detention. They include facilities-based forms of detention (e.g.
immigration residential housing) and specifically designated places in the broader
community. The State party further notes that immigration detention is subject to regular
review to ensure that individuals’ detention arrangements remain appropriate. In the light of
the abovementioned factors, the State party concludes that the authors’ conditions of
detention were adequate in compliance with requirements of article 10 of the Covenant.
4.7
The State party notes that the authors have failed to substantiate their claims under
article 9 (1) of the Covenant. They did not submit sufficient evidence to show that their
detention was in violation of domestic law or otherwise arbitrary. The State party notes that
all authors were detained in accordance with procedure provided by the Migration Act. Their
detention on Christmas Island was as short as possible. Alternatives measures, length and
conditions of detention were subject to regular administrative review. The State party submits
that review of immigration detention (including review of conditions of detention) is
conducted by case managers from the Department of Immigration and Border Protection and
by the Commonwealth Ombudsman. The latter has an obligation to investigate a person’s
case, after he or she has spent two years in immigration detention. The case managers from
the department perform monthly reviews of individual detention placements, including their
lawfulness. The State party notes, that the authors’ individual cases were handled by officers
from the Department of Immigration and Border Protection in full accordance with national
law and in shortest time possible.
4.8
The State party notes that the authors’ claims under article 9 (4) of the Covenant are
unsubstantiated and, therefore, inadmissible. Referring to the travaux preparatoires to the
Covenant, the State party notes that ‘lawfulness of detention’ implies compliance with
national law of a State. Broader interpretation, that includes compliance with international
law standards, would have undoubtedly be reflected by the drafters. The State party notes
that the authors had access to the judicial review of the legality of their detention in
accordance with section 256 of the Migration Act and section 75 (iii) of the Australian
Constitution.
4.9
The State party submits that the authors did not provide any specific information to
substantiate their claims under articles 17, 23 and 24 of the Covenant about inadequate
conditions on the mainland. Furthermore, as indicated above, all possible measures of
protection were provided to the authors in compliance with requirements of the Covenant.
4.10 The State party further refers to the situation of B.A.A. who, as claimed by the counsel,
was separated from his brother, who had arrived to Australia 12 months earlier, in violation
of articles 17 and 23 of the Covenant. The State party recalls that B.A.A. was transferred
from Christmas Island in December 2014. Initially he was placed in an Alternative Place of
5