Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Date: 29 July 2016
(2) Australia
We are shocked by the video footage that has emerged from Don Dale youth detention centre in the Northern Territory in Australia, showing children as young as 10, many of whom are Aboriginal children, being held in inhumane conditions and treated cruelly. Some children were held in isolation for extended periods, sometimes for several weeks, in hot and dark cells with no access to fresh air or running water. In one incident, six children were tear-gassed by prison guards. The videos, from 2014, show another child hooded and strapped to a chair for several hours. Others are shown being repeatedly assaulted and stripped naked. According to the children’s testimony, these abuses took place over several years. Most of the children who were held at the detention facility are deeply traumatized. The treatment these children have been subjected to could amount to a violation of the Convention on the Rights of the Child and the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, to which Australia is a party.
Article 37 of the CRC stipulates that “every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.”
The announcement by the Government of an investigation into youth detention in the Northern Territory is an important step. We encourage the Government to extend the scope of the investigation beyond the Northern Territory in order to establish that such appalling treatment is not taking place in any other place of detention in Australia. We call on the authorities to identify those who committed abuses against the children and to hold them responsible for such acts. The children who were abused at Don Dale should receive psychosocial rehabilitation to overcome the trauma they have suffered. Compensation should also be provided.
We also call on Australia to ratify the Optional Protocol to the Convention against Torture. This important instrument focuses on the prevention of torture. Under the Protocol, Australia would establish a National Preventive Mechanism which conducts regular visits to all places of detention in the country. Events at Don Dale clearly show the immediate need to establish such a system of regular visits to ensure that what happened at Don Dale never happens again in Australia.
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