Northern Territory Faces UN Intervention Over Youth Detention Human Rights Violations

A report by the NT children's commissioner highlighted the use of inhumane and degrading treatment of juveniles at the Don Dale youth detention facility in Darwin, prompting a letter from the human rights law centre to the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The report detailed the use of spit hoods, restraints, and solitary confinement in the centre, and found that authorities had transferred six juveniles to the adult prison, despite one being younger than legally allowed for transfer. The UN has been urged to intervene in the situation, with the HRLC expressing concern that the Northern Territory Government has not taken sufficient steps to implement the recommendations for change.

Key Takeaways:

• The NT children's commissioner report found that authorities used spit hoods and restraints inappropriately, and transferred six juveniles to the adult prison, including one who was younger than legally allowed for transfer.
• The report also found that the boys were kept in solitary confinement for up to 17 days, well beyond the legislated 72 hour maximum.
• The Human Rights Law Centre (HRLC) has written to the UN Special Rapporteur on torture, Juan Ernesto Mendez, urging him to take action against the alleged mistreatment of juveniles in the Northern Territory.
• The HRLC is concerned that the Northern Territory Government has not taken sufficient steps to implement the recommendations for change contained in the report.
• The report found that the boys were violent and threatening, but disputed the assertion that the boys were kept in solitary confinement prior to the incident.
• The report also highlighted the lack of leadership in acknowledging errors in the juvenile justice system, and the need for a cultural change towards the rehabilitation of juvenile offenders.
• The Northern Territory has the highest rate of youth detention in the country, and about 95% of detainees are Indigenous.

Statistics:

• 6 young people were transferred to the adult prison, including one who was younger than legally allowed for transfer.
• The boys were kept in solitary confinement for up to 17 days, well beyond the legislated 72 hour maximum.
• 95% of juvenile detainees in the Northern Territory are Indigenous.
• 15 of the 16 recommendations from the Vita review into youth detention have been completed.
• 1 in 3 Australian children are Aboriginal or Torres Strait Islander, but make up about 95% of juvenile detainees in the Northern Territory.

Sources:

• Helen Davidson in Darwin, "UN urged to intervene over NT youth detention human rights violations" [no date].
• Human Rights Law Centre, letter to Juan Ernesto Mendez, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment [no date].
• Northern Territory Children's Commissioner, report on the use of tear gas at the Don Dale youth detention facility [no date].
• Guardian Australia, "NT young offenders kept in maximum security jail as new facility is ruled out" [no date].
• Guardian Australia, "Six teenagers hooded and transferred to Darwin adult prison, report reveals" [no date].