25 September 2023

Human Rights report on detention centres

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The Australian Human Rights Commission has issued a new report on the management of immigration detention centres, recommending that restrictions imposed on inmates be tailored to individual circumstances and risks.

In its report, Risk Management in Immigration Detention, the Commission makes 34 recommendations which Commissioner, Edward Santow said were designed to assist in effectively managing genuine risks to safety and security, while also protecting basic human rights.

The Commission’s recommendations were based on its inspections of detention centres in NSW, Victoria, Queensland and Western Australia in 2018.

Commissioner Santow said that where a person was wrongly assessed as being a high risk for security or other reasons, this could lead to unwarranted or blanket restrictions.

“The Commission is concerned about the widespread use of restraints such as handcuffs during escort outside detention facilities, including for medical appointments,” Commissioner Santow said.

“We are concerned about conditions in high-security accommodation compounds, which are typically harsh, restrictive and often prison-like, and with excursions, personal items and external visits being restricted without considering whether such restrictions are necessary in a person’s individual circumstances.”

He said that within immigration detention, relevant risks included self-harm, harm to others, negative impacts on health and wellbeing, absconding, illegal activity, significant disturbances and non-compliance with internal rules and standards.

“The immigration detention population has been changing in recent years, with more people now being detained after their visa was cancelled on character grounds,” Commissioner Mr Santow said.

“Information provided to the Commission suggests that a person who has committed a crime would generally be considered ‘high risk’, even if their previous offending is relatively minor or non-violent.”

He said the average length of immigration detention in Australia was currently close to 500 days, a period far greater than other developed countries, and the risks to a person’s human rights increased the longer a person was held in immigration detention.

The Commission’s 85-page report can be accessed at this PS News link.

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