Letter on Australias OPCAT compliance in relation to immigration detentionSize : 220.1 kB Format :
Coherent Identifier About this item: 20.500.12592/wn9ng5

Letter on Australias OPCAT compliance in relation to immigration detentionSize : 220.1 kB Format :

23 January 2023

Summary

Length of time in immigration detention We recommend: • the introduction of legislation preventing indefinite immigration detention, for example through maximum timeframes that people can be detained and effective judicial oversight of the necessity and reasonableness of detention in individual cases; • an urgent, independent and transparent review of the appropriateness of detention for all perso. [...] Conditions of immigration detention We recommend: • the introduction of clear legislative standards to ensure that people in immigration detention have reasonable access to outdoor spaces and the natural environment, education, psychosocial services (including funded access to interpreting services), and healthcare; • that all people in immigration detention have access to funded legal advice and. [...] other than those provided by detention contractors); • reviewing practices regarding treatment of people with psychiatric conditions and disabilities, and ceasing the use of solitary confinement as a management tool; • mitigating the risks of COVID-19 by ensuring that all detainees and staff have access to vaccination; • managing the risk of COVID-19 in places of immigration detention according to. [...] Detention at sea and in regional processing countries Australia’s obligations under OPCAT extend to any place where people are subject to Australia’s jurisdiction and deprived of their liberty, regardless of whether that detention occurs within or outside Australian territory, on land or at sea, at a formal place of detention or in transit, and pursuant to Australian law or the law of another Stat. [...] National Preventative Mechanism (NPM) We recommend: • the full implementation of the AHRC’s Road Map to OPCAT compliance; • the introduction of a clear legislative framework for the NPM, including enforceable powers to monitor all places of immigration detention under Australia’s jurisdiction and to conduct without-notice visits; and a minimum annual budget for the NPM, sufficient to allow it to f.

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