Last year delegates from the UN Subcommittee on the Prevention of Torture (UN SPT) visited Australia to tour and observe places where people are held in detention in Australia.
But after being refused entry to places of detention in New South Wales and Queensland the visit was suspended on 23 October last year. Now, they have made the decision to terminate the visit, a move the Australian Human Rights Commissioner has labelled ‘disappointing but not undeserved’. The only other country to have a visit like this terminated is Rwanda.
What is OPCAT?
OPCAT, or the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is a UN human rights framework which Australia signed and then ratified (agreed to uphold) in 2017, over 10 years after it came into force in 2006. In doing this we agreed to inspections of anywhere people are detained using principles of the convention to help ensure independence in oversight through bodies that conduct the inspections.
OPCAT is meant to protect people in detention, including not only those incarcerated in a prison, but also includes youth detention, mental health facilities, hospitals, immigration detention and aged care. Under OPCAT countries have two main obligations:
Cooperate with the UN SPT
Designate a National Preventive Mechanism
Australia was given until 20 January this year to put in place mechanisms to prevent torture and inhumane treatment in places of detention, but despite years to do so, has not met these obligations. While South Australia did have an OPCAT implementation bill before Parliament in 2021, there isn’t a current implementation bill.
Is this a big deal?
In short, very. OPCAT is about prevention and transparency – the whole idea is to take away the secrecy surrounding detention which enables human rights breeches, and through visits and recommendations, contribute to the protection of the rights of those in detention.
The decision to terminate this visit reflects incredibly poorly on Australia and any commitments to maintaining the human rights of people in detention. Detention is a denial of someone’s liberty, not of their human rights, which should be paramount and protected regardless of the circumstance.
