CRPD/C/16/D/7/2012 Defendants Act, “an accused found under this part to be not mentally fit to stand trial is presumed to remain not mentally fit until the contrary is found”. Taking into account the irreparable psychological effects that indefinite detention may have on the detained person, the Committee considers that the indefinite detention to which he was subjected amounts to inhuman and degrading treatment.48 The Committee therefore considers that the indefinite character of the author’s detention and the repeated acts of violence to which he was subjected during his detention amount to a violation of article 15 of the Convention by the State party. 8.10 In the light of the above, the Committee concludes that the State party has failed to fulfil its obligations under articles 5 (1) and (2), 12 (2) and (3), 13 (1), 14 (1) (b) and 15 of the Convention. C. Conclusion and recommendations 9. The Committee, acting under article 5 of the Optional Protocol, is of the view that the State party has failed to fulfil its obligations under articles 5 (1) and (2), 12 (2) and (3), 13 (1), 14 (1) (b) and 15 of the Convention. The Committee therefore makes the following recommendations to the State party: (a) Concerning the author, the State party is under an obligation to: (i) Provide him with an effective remedy, including reimbursement of any legal costs incurred by him, together with compensation; (ii) Revoke immediately the 10 conditions of the author’s release order, replacing them with all necessary support measures for his inclusion in the community; (iii) Publish the present Views and circulate them widely in accessible formats so that they are available to all sectors of the population; (b) In general, the State party is under an obligation to take measures to prevent similar violations in the future. In this regard, the Committee refers to the recommendations contained in its concluding observations (CRPD/C/AUS/CO/1, para. 32) and requires the State party to: (i) Adopt the necessary amendments of the Mentally Impaired Defendants Act (Western Australia) and all equivalent or related federal and state legislation, in close consultation with persons with disabilities and their representative organizations, ensuring its compliance with the principles of the Convention and with the Committee’s guidelines on article 14 of the Convention; (ii) Ensure that adequate support and accommodation measures are provided to persons with mental and intellectual disabilities to enable them to exercise their legal capacity before the courts whenever necessary; (iii) Ensure that appropriate and regular training on the scope of the Convention and its Optional Protocol, including on the exercise of legal capacity by persons with intellectual and mental disabilities, is provided to staff of the Review Board, members of the Law Reform Commission and Parliament, judicial officers and staff involved in facilitating the work of the judiciary. 48 See Alfred de Zayas, “Human rights and indefinite detention”, International Review of the Red Cross, vol. 87, No. 857 (March 2005), pp. 19-20. 17