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ALHR welcomes Government decision to ratify OPCAT, while recent death in custody highlights failings in Australia's detention system
From newsletter: First newsletter for 2012
Published: 02/03/2012
Published: 02/03/2012
This week the Gillard Government tabled a National Interest analysis which records its decision to ratify the UN Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). We rustled off a press release commending the move as ?a critical step to bringing conditions and practices in Australian detention facilities in line with international standards, and our international human rights obligations, and ultimately, preventing torture and other forms of ill treatment?.
Ratification commits Australia to international monitoring measures as well as a National Preventative Mechanism, which promotes a proactive approach to preventing deprivation, mistreatment or death occurring in custodial situations. The risks of ill treatment in Australia's detention system are very real, as was tragically demonstrated in last month's death in custody in an Alice Springs watch house. We responded to this situation with a press release calling for an independent and properly resourced investigation system for deaths in custody.
This is just one instance among the serious and well-documented concerns with the conditions of detention in Australia, including prisons, mental health facilities and immigration detention. There is strong evidence that external scrutiny of places of detention, as required by OPCAT, can deter and help redress torture and other forms of ill treatment, where necessary. Supporting international inspection, as well as national preventative mechanisms, will provide an important external accountability measure and internal mechanisms for promoting transparency and rectifying problems that arise in the detention system.
These arguments were put forward in a joint-letter of December 2011 to Attorney-General Nicola Roxon, where we joined 28 other leading human rights organisations calling upon the Government to ratify OPCAT.
We are pleased to see the Federal Government's respond, however given that prison systems are under control of the States and Territories, it is essential that these Governments show a complementary and cooperative commitment to implementing the OPCAT framework. To give effect to the ratification, consultation will need to occur, and legislation will need to be drafted and passed by all States and Territories. To this end, we also sent out letters to the Attorneys-General of several States and the Northern Territory, urging them to support the process as a priority. So far we have received responses from the NSW and SA Attorneys-General.
This is an issue that has been on our radar for some months, and while recent developments and correspondence have been encouraging, it is another issue requiring eternal vigilance. We will keep you all updated on progress, and encourage you to put pressure on your local State Government to ensure this isn't just another international treaty that is supported in word, but not in deed.
Ratification commits Australia to international monitoring measures as well as a National Preventative Mechanism, which promotes a proactive approach to preventing deprivation, mistreatment or death occurring in custodial situations. The risks of ill treatment in Australia's detention system are very real, as was tragically demonstrated in last month's death in custody in an Alice Springs watch house. We responded to this situation with a press release calling for an independent and properly resourced investigation system for deaths in custody.
This is just one instance among the serious and well-documented concerns with the conditions of detention in Australia, including prisons, mental health facilities and immigration detention. There is strong evidence that external scrutiny of places of detention, as required by OPCAT, can deter and help redress torture and other forms of ill treatment, where necessary. Supporting international inspection, as well as national preventative mechanisms, will provide an important external accountability measure and internal mechanisms for promoting transparency and rectifying problems that arise in the detention system.
These arguments were put forward in a joint-letter of December 2011 to Attorney-General Nicola Roxon, where we joined 28 other leading human rights organisations calling upon the Government to ratify OPCAT.
We are pleased to see the Federal Government's respond, however given that prison systems are under control of the States and Territories, it is essential that these Governments show a complementary and cooperative commitment to implementing the OPCAT framework. To give effect to the ratification, consultation will need to occur, and legislation will need to be drafted and passed by all States and Territories. To this end, we also sent out letters to the Attorneys-General of several States and the Northern Territory, urging them to support the process as a priority. So far we have received responses from the NSW and SA Attorneys-General.
This is an issue that has been on our radar for some months, and while recent developments and correspondence have been encouraging, it is another issue requiring eternal vigilance. We will keep you all updated on progress, and encourage you to put pressure on your local State Government to ensure this isn't just another international treaty that is supported in word, but not in deed.