Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 5 Criminal justice system and conditions in prisons LOIPR: para 28 – overrepresentation of Aboriginal and Torres Strait Islander peoples; para 29 – overcrowding in correctional facilities; para 30 – mandatory sentencing laws; para 31 – prisoner mental health; paras 35 and 36 – excessive use of force by law enforcement officials; para 37 – Indigenous legal aid and access to justice; para 44 – tasers; para 45 – children in detention and prisons Relevant provisions of the CAT: Articles 11, 12, 13, 14 Key issues: • The overrepresentation of Aboriginal and Torres Strait Islander peoples as both victims and offenders in the criminal justice system remains one of the most glaring disparities between Aboriginal and Torres Strait Islander Australians and non-Indigenous Australians. • Australian governments have failed to include targets to address overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system within the overarching Closing the Gap national targets. • The Commission has urged a significant shift in government approaches to this issue through the adoption of justice reinvestment strategies, whereby a portion of the funds for imprisonment are allocated to local community initiatives focused on crime prevention in areas where there is a high concentration of offenders. • People with disabilities are also overrepresented in the criminal justice system, and do not experience access to justice. Necessary supports and adjustments for people with disabilities are frequently not provided in their interaction with the justice system. • The Commission is concerned about cases of indefinite detention of people with a cognitive impairment. In some Australian jurisdictions, when people with cognitive impairment found to be unfit to plead to criminal charges, become subject to mental health legislation and have been held in indefinite detention. • There is a high rate of children in criminal detention in the Northern Territory and Western Australia. No action has been taken to raise the minimum age of criminal responsibility to an internationally accepted level. • Mandatory sentencing laws have a disproportionate impact on Aboriginal and Torres Strait Islander peoples and children. Mandatory sentencing laws for various offences are in force in seven Australian jurisdictions, the Commonwealth, Queensland, New South Wales, Northern Territory, South Australia, Victoria and Western Australia. 12