26 September 2023

Human Rights welcomes inmate’s fresh air

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The ACT Human Rights Commission has welcomed a Government policy change confirming prisoners’ rights to fresh air and exercise every day.

Human Rights Commissioner Helen Watchirs said the policy was in response to a recent Supreme Court finding that restricting a prisoner’s access to fresh air and exercise in the Alexander Maconochie Centre (AMC) did not meet ACT and international standards.

Dr Watchirs said she provided expert advice on the right to humane treatment for detainees in the Supreme Court case and several of her submissions were accepted by the Court in its judgement.

“The Court found that granting the detainee access to an enclosed rear courtyard, which was the same size as their cell, did not meet international and ACT requirements for an hour of fresh air and exercise every day,” Dr Watchirs said.

“The Court also said that the justice and community safety directorate had breached the detainee’s right to humane treatment, and that the relevant AMC operating procedure was not consistent with the ACT Corrections Management Act 2007.”

She said Government had a responsibility to properly resource its Agencies so they could meet the standards of care set for people in custody.

“This Court decision is not just about the running of the jail – it is about making sure that Government service providers are respecting the rights of all individuals who require public services, whether that is in our schools or in our public hospitals or any other public facility,” the Human Rights Commissioner said.

“It means the Government must take seriously its responsibility to properly resource facilities and invest in the infrastructure changes required to make those places compliant with basic minimum standards,” she said.

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