Key Takeaways:
- The United Nations Working Group on Arbitrary Detention (WGAD) has criticized Australia’s treatment of prisoners and detainees, citing a lack of transparency and violating international human rights treaties.
- The WGAD found that Australia’s mandatory detention regime for refugees and asylum seekers is a violation of international human rights.
- The delegation expressed concern over the high rates of Indigenous Australians in prisons, with 42% of prisoners being unsentenced and a significant proportion of people held in prisons being on remand.
- The WGAD also criticized the treatment of children and teenagers in the justice system, including the use of solitary confinement and the lack of dedicated forensic mental health facilities in the Northern Territory.
- The delegation called on the Australian government to adopt a legally-enforceable right against arbitrary detention and to ban the placement of children in solitary confinement.
Introduction to the UN Report
A delegation of United Nations inspectors has delivered a scathing assessment of Australia’s treatment of prisoners and other detainees, following a 12-day visit to the country. The UN Working Group on Arbitrary Detention (WGAD) visited 16 detention facilities, interviewed 89 people behind bars, and met with multiple government, judicial, and civil society groups across Australia. The delegation’s chair, Ukrainian lawyer and former European Human Rights court judge Dr. Ganna Yudkivska, and vice-chair, New Zealand academic Dr. Matthew Gillett, found "much to commend" about the independence of Australia’s judiciary and respect of due process. However, they expressed serious concerns about its transparency and treatment of people in locked institutions.
Assessment of Immigration Detention and Offshore Interceptions
The WGAD was unequivocal in its assessment that Australia’s long-running mandatory detention regime for people who seek asylum in Australia by boat is a violation of international human rights, under an international treaty it chose to sign up for. The group also heard "disturbing" reports that the Australian Border Force (ABF) was detaining people intercepted at sea on rubber mats inside cages aboard boats, sometimes for weeks on end. The WGAD called on the Commonwealth government to disclose the numbers, duration, and conditions of such detention at sea. These reports are backed up by a report released following an inspection by the Commonwealth ombudsman earlier this year.
Concerns Over Prisoners and Bail Laws
The delegation said that 42% of prisoners were unsentenced in Australian prisons and correctional facilities, meaning almost half of the country’s prison population was "legally innocent." Dr. Yudkivska said that bail laws have been repeatedly tightened, often because of "populist reactions" to high-profile crimes rather than based on evidence. The delegation was particularly alarmed by the over-representation of First Nations people in prisons, after Australia recorded the highest annual number of Indigenous deaths in custody since 1979. The prisons the delegation visited were "generally well maintained" and offered rehabilitation programs, but the delegation was scathing about the NT’s prison system, which they could only evaluate through publicly available monitoring reports and meetings with civil society groups.
Youth Justice and Solitary Confinement
The treatment of children and teenagers in the justice system was a major concern for the delegation. Dr. Gillett said it was "egregious" that children as young as 10 could be charged with a criminal offense in most Australian jurisdictions. The NT became the first jurisdiction to raise the minimum age of criminal responsibility in 2024, followed by the ACT and Victoria, before reversing the policy following a change in government. The panel also took aim at ‘adult-crime-adult-time’ laws such as those enacted in Queensland. The WGAD is calling on the government to ban placing children in solitary confinement and to adopt a legally-enforceable right against arbitrary detention.
People with Disability and Secure Mental Health Facilities
The WGAD found the forensic mental health facilities it visited in the ACT, NSW, and WA "generally demonstrated high-quality, therapeutic care environments." However, the delegation was concerned to learn that the Northern Territory lacks any dedicated forensic mental health facility. Dr. Gillett said the working group also found there were high rates of prisoners with psycho-social disabilities within general prisons nationally. The delegation also found chronic shortages of treating psychiatrists and limited access to healthcare inside prisons in some states, particularly in relation to First Nations people who often did not receive culturally appropriate forms of this attention.
Conclusion and Recommendations
The WGAD’s report is a damning indictment of Australia’s treatment of prisoners and detainees. The delegation’s findings and recommendations highlight the need for significant reforms to address the systemic issues that are leading to human rights violations. The Australian government must take these concerns seriously and work to implement the necessary changes to ensure that the rights of all individuals, including prisoners and detainees, are protected and respected. This includes adopting a legally-enforceable right against arbitrary detention, banning the placement of children in solitary confinement, and increasing transparency and accountability in the detention system. Only through these reforms can Australia ensure that it is meeting its international human rights obligations and upholding the dignity and human rights of all individuals.