CAT/C/AUS/CO/4-5
also concerned at reports that, in a number of places of deprivation of liberty, the material
conditions, including at Roebourne Regional Prison, and health-care services, in particular
mental health services, are inadequate. The Committee, while taking note of the
information provided by the delegation, is also concerned that, during the reporting period,
the reported number of deaths in custody, including of indigenous people, is high. In that
respect, the Committee takes note of the information provided by the delegation that all
deaths in custody must be referred to a coroner for investigation (arts. 2, 11 and 16).
The State party should strengthen its efforts to bring the conditions of detention in all
places of deprivation of liberty into line with relevant international norms and
standards, including the Standard Minimum Rules for the Treatment of Prisoners
and the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (Bangkok Rules), in particular by:
(a) continuing to reduce overcrowding, particularly through the wider application of
non-custodial measures as an alternative to imprisonment, in the light of the United
Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules); and
(b) ensuring that adequate somatic and mental health care is provided for all persons
deprived of their liberty, including those in immigration detention. It should also
increase its efforts to prevent deaths in custody and further strengthen its efforts to
ensure that all incidents of death in custody are promptly, effectively and impartially
investigated and, on a finding of criminal responsibility, lead to a penalty proportional
to the gravity of the offence.
Indigenous people in the criminal justice system
12.
Noting with satisfaction the measures taken by the State party to address the
situation of indigenous people, including the Indigenous Advancement Strategy, the
Committee is concerned at information received that indigenous people continue to be
disproportionately affected by incarceration, reportedly representing around 27 per cent of
the total prisoner population while constituting between 2 and 3 per cent of the total
population. In that respect, the Committee notes with concern the reports indicating that
overrepresentation of indigenous people in prisons has a serious impact on indigenous
young people and indigenous women. The Committee is also concerned at reports that
mandatory sentencing, still in force in several jurisdictions, continues to disproportionately
affect indigenous people. Furthermore, and while welcoming the information concerning
the legal assistance services available for indigenous people, the Committee is concerned at
reports that these services are not adequately funded (arts. 2, 11 and 16).
The State party should increase its efforts to address the overrepresentation of
indigenous people in prisons, in particular its underlying causes. It should also review
mandatory sentencing laws with a view to abolishing them, giving judges the
necessary discretion to determine relevant individual circumstances. The State party
should also guarantee that adequately funded, specific, qualified and free-of-charge
legal and interpretation services are provided from the outset of deprivation of liberty.
Use of conducted energy weapons (tasers)
13.
While noting the information provided by the delegation that the use of conducted
energy weapons is tightly regulated and controlled in each jurisdiction and is subject to
oversight and scrutiny processes, the Committee is concerned at reports of cases of
inappropriate or excessive use (arts. 2, 12, 13, 14 and 16).
Taking into consideration the lethal and dangerous impact of conducted energy
weapons on the physical and mental state of targeted persons, the State party should
consider abolishing their use. If that is not the case, it should adopt the necessary
measures to effectively ensure that, in all jurisdictions, conducted energy weapons are
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