Case study 5: FZ v Commonwealth of Australia (Department of Home Affairs) [2019] AusHRC 135 This report is based on an inquiry into the use of force in immigration detention against Mr FZ. Mr FZ, a refugee from Sudan, made a complaint to the Commission alleging a breach of his human rights as a result of force used against him on two occasions, including the conduct of a strip search. Mr FZ was isolated in a room at Villawood Immigration Detention Centre at the time of the two incidents. The officers responsible for the uses of force believed Mr FZ to be at a risk of self-harm, due to his alleged possession of a razor blade. In response to this perceived risk, Serco, a service provider to the Department of Home Affairs, deployed seven emergency response team officers in riot gear into the room. Six of the officers forced Mr FZ to the ground, face down, and handcuffed him. He was subjected to a pat, metal detector, and search strip search on the first occasion, and a pat search on the second occasion. The strip search was not authorised by the Australian Border Force Superintendent, and it appears that the officers conducted it without prior approval, contrary to policy. As a result of these uses of force, Mr FZ suffered a fracture to his hand, requiring surgery. The Commission noted that the Department and its service providers were aware of Mr FZ’s mental health history, including that he is a survivor of trauma and torture. The Commission found that the level of force employed was not necessary, proportionate, or reasonable, despite the risk Mr FZ posed to himself or others, and that negotiation and de-escalation strategies should have been employed instead, centring on Mr FZ’s physical and mental safety and preserving his dignity. The Commission found that the use of force on Mr FZ was contrary to the requirements of article 10 of the International Covenant on Civil and Political Rights, which provides that all persons deprived of their liberty shall be treated with humanity and with respect for their inherent dignity. The report makes ten recommendations to both remedy the loss caused to Mr FZ and to engender systemic change in the immigration detention system to prevent the excessive use of force in the future. These recommendations include the payment of an appropriate amount of compensation and an apology to Mr FZ for the breach of his human rights; and improved policy guidance, training, and incident reporting in relation to the use of force and strip searches in the immigration detention environment. The Department of Home Affairs did not agree that the use of force on Mr FZ was excessive, however it noted that certain policies and procedures governing the planned use of force in immigration detention were not followed in this case. The Department advised that staff were reminded of their obligations, and that a manager was counselled after the incident. The unauthorised removal of clothing of Mr FZ has also been utilised as a case study for Serco personnel at a management level. The Department also noted that it has updated its policies relating to the use of force in detention since the incident. 58 Australian Human Rights Commission Annual Report 2020–2021