Article 11
(23) The Committee is concerned about the arrangements for the custody of persons deprived of their liberty. In
particular, the Committee notes with concern:
(a)
Overcrowding in prisons, in particular in Western Australia;
(b)
The insufficient provision of mental health care in prisons and reports indicating that mentally ill inmates
are subjected to extensive use of solitary confinement and subsequent increased risks of suicide attempts;
(c)
The disproportionately high numbers of indigenous Australians incarcerated, notably among them the
increasingly high rates of children and women;
(d)
The continued reports of indigenous deaths in custody due to causes that are not clearly determined.
In order to improve the arrangements for the custody of persons deprived of their liberty, the State
party should:
(a)
Undertake measures to reduce overcrowding, including consideration of non-custodial
forms of detention, and in the case of children in conflict with the law ensure that detention is only
used as a measure of last resort;
(b)
Provide adequate mental health care for all persons deprived of their liberty;
(c)
Abolish mandatory sentencing due to its disproportionate and discriminatory impact on
the indigenous population;
(d)
Seek to prevent and investigate any deaths in custody promptly. Furthermore, the State
party should continue implementation of pending recommendations from the Royal Commission into
Aboriginal Deaths in Custody of 1991.
(24) The Committee is concerned over the harsh regime imposed on detainees in “super-maximum prisons”. In
particular, the Committee is concerned about the prolonged isolation periods to which detainees, including those
pending trial, are subjected and the effect such treatment may have on their mental health.
The State party should review the regime imposed on detainees in “super-maximum prisons”, in
particular the practice of prolonged isolation.
(25) The Committee welcomes the amendment to the Migration Act in 2005 and the commitment of the new
Government that children will no longer be housed in immigration detention centres under any circumstances.
However, the Committee regrets that children may still be kept in alternative forms of detention and that during the
reporting period a considerable number of children spent long periods of time in detention centres. Furthermore the
Committee is concerned about the inadequate mental health care for detained asylum-seekers.
The State party should:
(a)
Abide by the commitment that children no longer be held in immigration detention centres
under any circumstances. Furthermore, it should ensure that any kind of detention of children is always
used as a measure of last resort and for a minimum period of time;
(b)
As a matter of priority, ensure that asylum seekers who have been detained are provided
with adequate physical and mental health care, including routine assessments.
(26) The Committee notes, as a positive step, the mention of human rights obligations in the Immigration Detention
Standards, yet notes that they are not legally binding and lack the provision of an independent monitoring mechanism.
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