With the objective of improving protection of asylum-seekers, the State party should ensure that the
Immigration Detention Standards be codified into legislation and provide for an independent monitoring
mechanism.
Articles 12, 13 and 14
(27) The Committee is concerned about allegations against law enforcement personnel in respect of acts of torture
and other cruel, inhuman or degrading treatment or punishment and notes a lack of investigations and prosecutions.
The State party should ensure that all allegations of acts of torture and other cruel, inhuman or
degrading treatment or punishment committed by law enforcement officials, and in particular any
deaths in detention, are investigated promptly, independently and impartially and, if necessary,
prosecuted and sanctioned. Furthermore, the State party should also ensure the right of victims of
police misconduct to obtain redress and fair and adequate compensation, as provided for in article 14
of the Convention.
(28) The Committee is concerned about information indicating that Australian defence officials who were advising
the Coalition Provisional Authority had knowledge of abuses committed in Abu Ghraib in 2003, yet did not call for
prompt and impartial investigations.
The State party should call for prompt and impartial investigations, including if appropriate, a public
inquiry, should it receive information indicating that there are reasonable grounds to believe that acts
of torture have been committed in a jurisdiction where it advises or has advised on the exercise of
interim authority.
(29) The Committee, while noting the significant efforts undertaken by the State party to provide rehabilitation
services to refugees who have suffered torture, regrets that certain victims, such as those on bridging visas, are not
guaranteed equal access to these services.
The State party should extend the right to rehabilitation services to all victims of torture, including
those on bridging visas, and ensure that there is effective access to such services in all States and
Territories.
Article 15
(30) The Committee is concerned that the State party lacks uniform legislation to exclude admission of evidence
made as a result of torture. Furthermore, the Committee is concerned over reports indicating that confessional
evidence obtained under ill-treatment in other countries has been used in criminal proceedings in Australia.
The State party shall ensure compliance with article 15 of the Convention by the application of
uniform and precise legislation in all States and Territories excluding the admission of statements as
evidence if made as a result of torture.
Article 16
(31) The Committee notes that corporal punishment of children is not explicitly prohibited in all States and
Territories and may still be applied as “reasonable chastisement”.
The State party should adopt and implement legislation banning corporal punishment at home and in
public and private schools, detention centres, and all alternative care settings in all States and
Territories.
(32) The Committee recognizes the efforts undertaken at the Federal level to combat human trafficking, yet notes
the low level of prosecutions and is concerned over the lack of measures undertaken by the States and Territories.
While noting the establishment of recovery programmes for trafficking victims, the Committee regrets that access is
restricted to victims who collaborate with investigations.
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