Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 3 Independent monitoring and inspection mechanisms, including ratification of the Optional Protocol LOIPR: para 8 – information on independent monitoring and inspection mechanism (in law and practice) as well as progress towards ratification of the OPCAT Relevant provision of the CAT: Article 2 Key issues: • At present, monitoring and inspection mechanisms for places of detention in Australia are not comprehensive and vary among states, territories and nationally. For example, most inspection mechanisms relating to immigration detention facilities do not publicly report, contributing to a lack of transparency and accountability. • Australia signed the OPCAT on 19 May 2009, but has not yet ratified it. The federal Parliament’s scrutiny mechanism for treaties (the Joint Standing Committee on Treaties – JSCOT) recommended in 2012 that the OPCAT be ratified and that the Australian Government work with the states and territories to introduce legislation nation-wide to enable visits of the Sub-Committee on the Prevention of Torture (SPT). • Model legislation relating to SPT visits has been prepared for state and territory governments, but this has not been enacted by any state or territory as yet. Legislation in similar terms has not been introduced to the federal Parliament. • The Commission has expressed concern at the significant, and unnecessary, delays in ratification of the OPCAT. Recommended action: That the Government ratify the OPCAT as a priority, including by enacting legislation to authorise visits of the SPT as a first step. 15. As the Australian periodic report notes, there is a range of mechanisms across all levels of government that monitor places of detention – such as the independent office of the Ombudsman in each jurisdiction. 16. The scope and breadth of coverage of these mechanisms, however, varies across state, territory and federal governments. The Western Australian Inspector of Custodial Services provides a model for a comprehensive mechanism. 17. Further action is required to ensure that there are appropriate monitoring mechanisms in place to meet Australia’s obligations under Art.2 of the CAT, as well as the specific obligations of the OPCAT. 18. Australia signed the OPCAT on 19 May 2009, but has not yet ratified it. 7