UN torture prevention committee cancels Australia visit

Duncan Murray | February 21, 2023

A United Nations committee for the prevention of torture has cancelled a delayed visit to Australia, citing “obstacles” in gaining access to places where people are being held against their will.

Last year a visit by the same committee was cut short after it was refused entry to detention facilities in NSW and Queensland.

The UN Subcommittee on Prevention of Torture (SPT) said in a statement on Monday it had requested a number of assurances from local authorities in a bid to resume the visit, but still held concerns over access being restricted.

“Some of the requested guarantees were not provided, and the subcommittee could not ascertain that it would be able to resume its visit in a reasonable timeframe,” it said.

A report based on what the committee observed in Australia prior to its first tour being cancelled will be shared with the government, which human rights groups are urging to be made public.

A spokesman for Attorney-General Mark Dreyfus said the Australian Government deeply regrets the decision by the committee to terminate its visit.

“Since the SPT suspended its visit in October 2022, the Australian Government has been engaging cooperatively and in good faith with the SPT and with all states and territories to work towards a possible resumption of the visit,” the spokesman said.

“This disappointing decision does not reflect the Australian Government’s commitment to protecting and promoting human rights.”

Since the ill-fated first visit, Queensland introduced legislation to adapt patient privacy laws that previously prevented inspectors from entering mental health facilities.

NSW corrections minister Geoff Lee said “in principle” his government was not opposed to state correctional facilities being inspected by the UN.

However, he said it was still working through “unresolved issues” with the Commonwealth in relation to UN treaty – the Optional Protocol to the Convention Against Torture (OPCAT) – to which Australia is a signatory.

“We have ongoing operational, security and funding issues with the Commonwealth, in relation to OPCAT, which remain unresolved,” Mr Lee said.

“These issues have been raised with the Commonwealth on a number of occasions, including in 2020 and again in recent months.”

Amnesty International campaigner and spokesperson Ry Atkinson said the indefinite detention of refugees and incarceration of children as young as 10 are examples of Australia failing to act on human rights.

“This protocol exists to prevent torture and other cruel, inhumane or degrading treatment or punishment, and it is an international embarrassment that Australia has failed to cooperate to fulfil our obligations under this global agreement we have entered into,” he said.

“With a possible change of government I think it’s really vital that NSW Labor make their position clear about where they stand on ensuring the human rights of the people of NSW are protected.”