Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 References 1 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 12 October 1984, 1465 UNTS 85 (entered into force 16 June 1987). 2 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976). 3 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990). 4 Reports are available on the Commission’s website: http://www.humanrights.gov.au/publications/reports-minister-under-ahrc-act. The following reports have been completed since Australia’s previous appearance before the CAT: • Report No. 39: Report of an inquiry into a complaint by Mr Nguyen, Mr Okoye and three other immigration detainees concerning the conditions and conduct of their transportation from one immigration detention centre to another (breach of ICCPR, articles 7 and 10(1)). • Report No. 40: Report of an inquiry into complaints by 26 immigration detainees concerning interviews that each participated in with officials from the Chinese Ministry of Public Security, being interviews organised by the Commonwealth of Australia (breach of ICCPR, articles 10(1) and 17(1) in relation to 24 of the immigration detainees who had made protection visa applications). • Report No. 41: Report of an inquiry into a complaint by Mr El Masri about acts and practices of the Commonwealth of Australia in relation to his detention in an immigration detention centre (breach of ICCPR, articles 9(1) and 10(1)). • Report No. 46: Report of an inquiry into a complaint by Mrs Yousefi, on behalf of herself, her husband and her son, about acts and practices of the Commonwealth of Australia in relation to their immigration detention (breach of ICCPR, articles 7, 9(1) and 10(1); breach of CRC, articles 3(1), 3(2), 19(1), 37(a), 37(c) 24(1) and 28(1)). • Report No. 51: Report of an inquiry into a complaint by Ms Brown about acts and practices of the Commonwealth of Australia in relation to her detention in an immigration detention centre (breach of ICCPR, articles 9(1) and 10(1)). • Report No. 55: Report of an inquiry into complaints by two ten year old girls about acts and practices of the Commonwealth of Australia in relation to their immigration detention (breach of ICCPR, articles 9(1), 10(1) and 17(1); breach of CRC, articles 3, 16(1), 37(b) and 37(c)). • Report No. 62: Report of an inquiry into a complaint by Mr Ince about acts and practices of the Commonwealth of Australia in relation to his detention in an immigration detention centre (breach of ICCPR, articles 7, 9(1), 10(1), 17(1) and 23(1)). 5 Committee against Torture, Fourth and fifth periodic reports of States parties due in 2012, Australia, UN Doc CAT/C/AUS/4-5 (2013), paras 29-30. At http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=930&Lang=e n (8 October 2014). 6 For all materials relating to the inquiry see: http://www.humanrights.gov.au/national-inquiry-childrenimmigration-detention-index. 7 These reports are available at: http://www.humanrights.gov.au/publications/asylum-seekers-andrefugees?source=our-work. 8 The standards are available at: http://www.humanrights.gov.au/publications/human-rights-standardsimmigration-detention. 9 http://www.humanrights.gov.au/social-justice-and-native-title-reports. 10 For example, http://www.humanrights.gov.au/childrens-rights-report-2013. 11 Powers of inspection: Corrections Management Act 2007 (ACT) s 6; Children and Young People Act 2008 (ACT) s 153. Own-motion reviews: Human Rights Commission Act 2005 (ACT) ss 14(1)(e) and 48 and Human Rights Act 2004 (ACT) s 41. 12 Australian Human Rights Commission, Children’s Rights Report 2013, p 17. At http://www.humanrights.gov.au/publications/childrens-rights (viewed 8 October 2014); Australian Human Rights Commission, Australia’s Universal Periodic Review, Progress Report Prepared by the Australian Human Rights commission on behalf of the Australian Council of Human Rights Authorities (2013). At http://www.humanrights.gov.au/publications/rights-and-freedoms?source=our-work (viewed 9 October 2014). 57