To date, the SPT has conducted visits to places of detention in 14 countries. A recent increase in its membership has increased its capacity somewhat, but it is still estimated that it will be able to visit each State Party to the OPCAT at most once every 8–10 years. See, eg, CasaleSilvia, ‘Mechanisms for Custodial oversight: The United States and Europe’ (2006) 22Washington University Journal of Law and Policy217, 224.
5.
See, eg, NowakManfred & McArthurElizabeth, The United Nations Convention Against Torture: A Commentary (Oxford University Press, 2008) 557–567.
6.
See, eg, WeberDavid, ‘Perth Man Tasered more than 40 times in a week,’ABC Online, 10 December 2010 <http://www.abc.net.au/am/content/2010/s3089736.htm>; NeedhamKirsty‘Outrage over “beanbag rounds” fired at detainees,’Sydney Morning Herald, 17 March 2011.
For an overview of how Australian law fails prisoners, see, eg, GrovesMatthew, ‘International Law & Australian Prisoners’ (2001) 24University of New South Wales Law Journal1, 11.
For example, the Office of the Correctional Investigator of Canada costs approx 0.15% of the annual budget of Correctional Service of Canada; the WA Office of the Inspector of Custodial Services costs approx 0.4% of the budget of Department of Corrective Services. See HardingRichard, 'Ratifying and Implementing OPCAT: Has Australia missed the boat? (Speech delivered at Implementing Human Rights in Closed Environments, Melbourne, 21 February 2012) <http://www.law.monash.edu.au/castancentre/events/2012/harding-ratifying-and-implementing-opcat-summary.docx>.
VictoriaOmbudsman, Whistleblowers Protection Act 2001: Investigation into conditions at the Melbourne Youth Justice Precinct (October 2010).
14.
See, eg, Brough v Australia (UN Human Rights Committee Communication 1184/2003 on mistreatment of Aboriginal juvenile in NSW correctional facilities — Views of 17 March 2006).
For example, the Ward and Mulrunji cases (see above n 7 & n 17).
20.
Concluding Observations of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on Australia's Third Periodic Report under article 19 of the Convention, UN Doc CAT/C/AUS/CO/3 (22 May 2008), [26] & [34].
21.
United Nations Human Rights Council, Report of the Working Group on the Universal Periodic Review, UN Doc A/HRC/17/10, [86.5], see also [86.89] & [86.91].
See, eg, Department of Foreign Affairs & TradeSigned, Sealed and Delivered — Treaties and Treaty Making: Officials' Handbook (10th ed, July 2010) [13].
26.
See APT, Implementation of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Federal and other Decentralised States (March 2011) <http://www.apt.ch>.
For an exploration of how the OPCAT might apply to such places, see EdwardsAlice, ‘The Optional Protocol to the Convention against Torture and the Detention of Refugees’ (2008) 57International and Comparative Law Quarterly4, 789.
37.
See JSCOT, above n 28, Ch 6 (in particular [6.31 and 6.42]).
HardingNeil, Proposal for Australia to ratify OPCAT: Submission to the Joint Standing Committee on Treaties (March 2012) 7–8.
40.
See, eg, UN Committee Against Torture, above n 20, [9].
41.
See, eg, Australia's Response to the Committee's Concluding Observations on Australia's Fourth Periodic Report, CAT/C/AUS/CO/3/Add.1 (29 May 2009), [2].
