range of community service providers who engage
directly with current and former detainees, and
written information was received from five such
organisations.
The Commission engaged Dr Suresh Sundram as
an independent medical consultant to participate
in the inspection visits and provide advice on issues
relating to the physical and mental health of people
being detained in hotel APODs. Dr Sundram is the
Head of the Department of Psychiatry at the School
of Clinical Sciences at Monash University and the
Director of Research, Mental Health Program at
Monash Health. He has particular expertise in the
area of forced migrant mental health, and is the
head of the Asylum Seeker and Refugee Mental
Health research group at the School of Clinical
Sciences at Monash Health.
While conducting the relevant inspection visits,
interviews and meetings, the Commission focused
on gathering information about conditions and
the treatment of detainees in hotel APODs.
Information was also gathered with respect to the
circumstances surrounding the release of detainees
from hotel APODs and their experiences following
release. The Commission considered the material
gathered during the inspection by reference to
international human rights law standards that are
relevant to immigration detention, as outlined
below.
2.4 Relevant human rights
standards
The following international human rights treaties,
which Australia has ratified, contain obligations
that are relevant to the conditions and treatment of
people in immigration detention:
• International Covenant on Civil and Political
Rights (ICCPR)
• International Covenant on Economic, Social
and Cultural Rights (ICESCR)
• Convention relating to the Status of Refugees
(Refugee Convention).
• International Convention on the Elimination
of All Forms of Racial Discrimination (ICERD)
• Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW)
• Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
• Optional Protocol to the Convention
Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment
(OPCAT)
• Convention on the Rights of the Child (CRC)
• Convention on the Rights of Persons with
Disabilities (CRPD)
Australia has a range of specific obligations that
are applicable with respect to refugees and asylum
seekers under the Refugee Convention.
The Use of Hotels as Alternative Places of Detention (APODs) • 2023 • 11