Brisbane, Australia () — The United Nations Subcommittee on Prevention of Torture (SPT) on Sunday suspended its tour of Australian prisons, citing a lack of cooperation from officials who denied them access to some detention centers.
In a statement, the SPT said that its staff were prevented from entering some places where detainees were held, and in some cases were not given “all the relevant information and documentation” they requested.
“Given that the OPCAT applies to all federal states without limitations or exceptions, it is worrying that four years after ratifying the Optional Protocol, Australia appears to have done little to ensure consistent implementation of OPCAT obligations across the country” said the head of the four-person delegation, Aisha Shujune Muhammad.
Australia is one of 91 signatories to the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), which aims to protect the human rights of people in detention.
OPCAT was scheduled to visit the country’s facilities in 2020 to ensure compliance, but the trip was postponed due to the covid-19 pandemic. Australia has also delayed the key requirements of the agreementincluding the establishment of an independent torture prevention monitoring body, officially known as the National Preventive Mechanism (NPM), according to the UN subcommittee.
Officials finally arrived in the country for the start of the planned 12-day tour on October 16, but had trouble accessing some sites in Queensland and New South Wales (NSW).
Officers were barred from entering a detention center in Queanbeyan, New South Wales, by police officers, said the state’s Correctional Services Minister Geoff Lee, praising their work in a local radio interview.
“We don’t torture people,” he told radio station 2GB. “Why should I help taxpayers… pay the UN bill that is coming to Australia? Isn’t it better that they go to places like Iran?
The issue relates to a longstanding dispute over who should pay for improvements made to Australian facilities as a result of recommendations made by the UN; States want the federal government to foot the bill.
On Monday, Australia’s Attorney General Mark Dreyfus said the UN decision was “disappointing” and that the country remained committed to the deal.
“The suspension of the visit does not change the Australian Government’s commitment to promoting and protecting human rights domestically and internationally,” it said.
The Australian Human Rights Law Center issued a statement Monday signed by 79 human rights defenders and advocacy groups, calling on the state governments of New South Wales and Queensland to adhere fully to the country’s international obligations on the prevention of torture.
NSW Premier Dominic Perrottet said state prisons maintain “the highest standards anywhere in the world” and that there are independent processes to monitor conditions.
In a statement, Queensland Health said officials were denied access to some inpatient units due to provisions in the state’s Mental Health Act to “preserve the safety and privacy of people with serious mental illness.”
Queensland Premier Annastacia Palaczszuk said the state looked forward to working with the UN on whatever access they needed “under the conditions”.
