UN Urges Australia to Reduce Prisoners on Remand

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Facts

• Following a terminated visit to Australia in October 2022, the UN's Subcommittee on Prevention and Torture (UNSPT) has released a report claiming that the nation's prisons fail to adhere to the Optional Protocol to the Convention Against Torture (OPCAT) — a treaty Canberra ratified in 2017.¹
• An inspection of Australian prisons last year was suspended after UN officials were reportedly denied complete access to imprisonment and detention facilities in the states of New South Wales and Queensland.²
• The UNSPT claimed that the visit's suspension and ultimate termination in February 2023 derived from a 'lack of cooperation' from state actors, while acknowledging that 'fruitful collaboration and regular contact' with authorities occurred in the visit's preparation. UNSPT has also accused Australia's state authorities of a 'fundamental lack of understanding' concerning the subcommittee's mandate and powers.³
• The subcommittee continued by 'not[ing] the extraordinary number of persons deprived of their liberty on remand,' sitting at 70% in some locations. UNSPT also expressed concern about detained migrants, claiming that many were 'subject to visa cancellation[s]' despite having 'come to Australia as children' and having 'lawfully resided [there]... for decades.'³
• In addition to recommending a review of Australia's Migration Act 1958, UNSPT suggested increasing the country's age of criminal responsibility to at least 14; using handcuffs, belt tethers, and shackles on children only 'when absolutely necessary' rather than 'as a matter of routine;' and banning spit hoods and spit guards.³
• In a document also released on Wednesday, Australia commented that the subcommittee's report had been 'distributed to the relevant authorities' while reaffirming that the country takes 'its international rights obligations seriously' and has an 'enduring commitment' to 'prevent[ing] torture and other curial, inhuman, or degrading treatment.'³

Sources: ¹Human Rights Law Centre, ²The Canberra Times and ³United Nations.

Narratives

• Narrative A, as provided by Australian Greens. Finally released after much anticipation, the UN's report is a scathing one for Australia's penal system. The federal government continues to deny responsibility for the continuation of torture and malpractice within several Australian states. The country must once again become compliant with its international obligations and end systemic mistreatment within its prisons.
• Narrative B, as provided by ABC. For Australia to see long-term success, the country's immigration problem must be fixed, as it places undue stress on Australia's already overwhelmed correctional system. While Canberra should undoubtedly strive to meet the committee's recommendations, it must be careful not to overcorrect its failures by becoming too lax and unmethodically releasing dangerous criminals, as it has done since last month's ruling on indefinite detention.