Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
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Introduction
1.
This submission is made by the Australian Human Rights Commission. The
Commission is an ‘A status’ national human rights institution established and
operating in full compliance with the Paris Principles. Information about the
Commission can be found at: www.humanrights.gov.au.
2.
This submission outlines the Commission’s views on Australia’s compliance
with the Convention against Torture and Other Cruel, Inhuman and Degrading
treatment of Punishment (CAT).1
3.
The submission is based on work that has been undertaken by the
Commission in accordance with our mandate and functions. The vast majority
of materials provided here has been publicly reported in Australia and has
been brought to the attention of the Australian government.
4.
In preparing the submission, the Commission has consulted with the
Australian Council of Human Rights Authorities, which includes AntiDiscrimination Commissions and Human Rights authorities at the state and
territory level.
5.
The Commission thanks the CAT Committee for the invitation to submit
information pursuant to Rule 63 of the Committee’s Rules of Procedure. We
look forward to further engagement in the Committee’s review of Australia’s 4th
and 5th periodic reports.
6.
The submission has been presented according to the thematic issues
identified in the Committee’s List of issues prior to the submission of the fifth
periodic report of Australia (UN Doc: CAT/C/AUS/Q/5, herein referred to as
LOIPR).
7.
For each thematic area, the Commission has identified the relevant articles of
the Convention and paragraphs of the LOIPR, as well as providing a brief
summary of the key issues and proposed recommended actions.
8.
The Commission notes that the Australian Government changed following an
election on 7 September 2013. The incoming government has yet to formalize
its policy on some issues raised in the LOIPR, for example, on ratification of
the Optional Protocol to the Convention (OPCAT). Where this is the case, it is
noted in the text.
9.
The proposed recommended actions are also compiled in Attachment 1 of
the submission.
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