ACT Affirms Commitment to OPCAT

“We commend the Attorney-General and Australian Government on this crucial milestone. This is a once-in-a-lifetime opportunity to protect vulnerable people in detention. And so we must get this right.

Places of detention are often hidden. This can make it more likely that abuse will take place – as we saw in the Don Dale Youth Detention Centre, […]

OPCAT offers something new. It doesn’t wait for abuse to take place. Instead, it adopts a preventive approach, shining a light on problems before they deteriorate further. It also highlights good practices that other detention facilities can learn from.”

“establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.”

“1. Each State Party shall allow visits, in accordance with the present Protocol, by the mechanisms referred to in articles 2 and 3 to any place under its jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence (hereinafter referred to as places of detention). These visits shall be undertaken with a view to strengthening, if necessary, the protection of these persons against torture and other cruel, inhuman or degrading treatment or punishment.

2. For the purposes of the present Protocol, deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority.”

“OPCAT, as it is known, establishes a monitoring system to ensure that all governments are observing their obligations under the United Nations convention against torture and are taking effective legislative, administrative and judicial measures to prevent acts of torture in their territories.

In pursuit of this objective, OPCAT mandates regular visits by both independent international and domestic bodies to places where people are deprived of their liberty. In the ACT, these places include the Alexander Maconochie Centre, juvenile detention, secure psychiatric units, court cells and prison transport. The purpose of the visits is to make recommendations that strengthen safeguards against torture or other mistreatment in detention environments.

OPCAT recognises that the prohibition on torture and other mistreatment is a fundamental right that must not be limited. This is especially true in places where people are involuntarily deprived of their liberty and so may be more vulnerable to abuse. Once it is ratified, OPCAT will immediately require the ACT to grant the UN Subcommittee on the Prevention of Torture unrestricted access to any place of detention in the territory and any relevant information the subcommittee requests to fulfil its mandate.”

• defining ‘places of detention’ for the purpose of subcommittee visits;
• setting out the relationship between the Bill and other laws in the Territory;
• providing for arrangements for subcommittee visits, including establishment of Ministerial arrangements for the purpose of facilitating subcommittee visits;
• setting out the duties of detaining authorities and the responsible Minister;
• providing for the subcommittee to access places of detention, access information and interview detainees and other people; and
• protecting against action for giving information and against reprisal for disclosing information.