Eg GelineauKristen, Torture expose rocks Australia’, Toronto Star (online), 27 July 2016; DavidsonHelen, ‘“Abu Ghraib”-style images of children in detention in Australia trigger public inquiry’, Guardian (online), 26 July 2016; WahlquistCalla, Treatment of children at Don Dale prison could amount to torture, says UN’, Guardian (online), 28 July 2016.
2.
See GoffmanErving, ‘On the characteristics of total institutions’ in CresseyDonald (ed), The Prison (Holt Reinhart & Winston, 1961) 15.
ICCPR art 7 and 10(1) respectively. The prohibition on torture and cruel, inhuman or degrading treatment is also stated in the CAT (arts 1 and 16), and in the CRPD (art 15).
Research with prisoners confirms the importance of these issues: BronwynNaylor, ‘Human rights and respect in prisons: The prisoners’ perspective’ (2014) 31Law in Context84–124.
8.
For more detailed analysis of a framework for rights protections see NaylorBronwynDebeljakJulie and MackayAnita, ‘A Strategic Framework for Implementing Human Rights in Closed Environments’ (2015) 41(1) Monash University Law Review218.
9.
Ibid242.
10.
Edwards v Tasker [2014] NTSC 56 paras 35 and 47.
11.
Castles v Secretary to the Department of Justice &Ors [2010] VSC 3I0
12.
For example, the recent case of Miles v Director-General of the Justice and Community Safety Directorate [2016] ACTSC 70. See MackayAnita, ‘Operationalising Human Rights Law in Australia’ (2014) 31Law in Context261, 267–8. See, generally, BartelsLorana and BolandJeremy, ‘Human rights and prison: A case study from the Australian Capital Territory’, in WeberFishwick and Marmo (eds), The Routledge International Handbook of Criminology and Human Rights (Routledge, 2016) 556–567.
13.
Victorian Charter, ss 38; and 28, 30, 32; ACT Human Rights Act, ss 40B and 30.
14.
Complaints can also be made to the Committee against Torture for breaches of the CAT, and to the Committee on the Rights of Persons with Disabilities for breaches of the CRPD.
15.
See Naylor, above n 8, 230.
16.
OPCAT, Art I.
17.
See, eg, OmbudsmanVictorian, Investigation into the rehabilitation and reintegration of prisoners in Victoria (2015); OmbudsmanVictorian, Investigation into Deaths and Harms in Custody (2014); Ombudsman Victoria and Office of Police Integrity, Conditions for Persons in Custody (2006).
18.
OmbudsmanVictorian, Investigation into Prisoner Access to Health Care (2011).
19.
OmbudsmanVictorian, Whistleblowers Protection Act 2001Investigation into Conditions at the Melbourne Youth Justice Precinct (2010).
20.
See Ombudsman Act 1973 (Vic) s 23.
21.
Inspector of Custodial Services Act 2003 (WA); Inspector of Custodial Services Act 2012 (NSW). See also the recent call to establish such an agency in the ACT: Standing Committee on Justice and Community Safety, Legislative Assembly ACT, Inquiry into Auditor-General's Report on Rehabilitation of Male Detainees at the AMC (2016) 58–9.
VitaMichael, Review of the Northern Territory Youth Detention System: Report, January 2015.
25.
Children's Commissioner, Own Initiative Investigation Report: Services Provided by the Department of Correctional Services at the Don Dale Youth Detention Centre, August 2015.
See, eg, SPT, Report on the Visit of the Subcommittee On Prevention Of Torture And Other Cruel, Inhuman or Degrading Treatment or Punishment to Sweden, 10 September 2008; UK NPM, Monitoring Places of Detention: First Annual Report of the United Kingdom's National Preventive Mechanism 2009–2010 (2011) 15–17.
29.
UK NPM, Monitoring Places of Detention: Sixth Annual Report of the United Kingdom's National Preventive Mechanism 2014–2015 (2015) 53ff.
30.
National Interest Analysis [2012] ATNIA 6, para 25
31.
National Interest Analysis [2012] ATNIA 6, para 27. See also FletcherAdam, Australia and the OPCAT’ (2012) 37(4) Alternative Law Journal233.
See UN Human Rights Council, Report of the Working Group on the UPR Australia 13/1/2016 A/HRC/31/14.
34.
Report of the Working Group on the UPR Australia Addendum Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review A/ HRC/31/14/Add 1 (para 5).
Association for the Prevention of Torture, 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.
37.
An analysis of the options for implementing OPCAT was carried out in 2008 for the AHRC: HardingRichard and MorganNeil, Implementing the Optional Protocol to the Convention against Torture: Options for Australia.
38.
National Interest Analysis [2012], ATNIA 6, para 31.
