Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 83. The Commission submitted that the treatment of Mr Plasto-Lehner by the Northern Territory police was ‘inconsistent with both article 10(1) of the ICCPR and the prohibition on inhuman and degrading treatment in article 7 of the ICCPR in respect of police use of a prone restraint and a failure to convey Plasto-Lehner directly to hospital.’75 The Commission’s submissions are available here. 84. Taser use: The Commission and the Australian Council of Human Rights Agencies have expressed concern that Tasers are being inappropriately used and have called for more rigorous police training on Taser use. 76 The New South Wales Ombudsman and the Queensland Crime and Misconduct Commission have both found Tasers are disproportionately used against Aboriginal and Torres Strait Islander peoples.77 85. Racial profiling: In 2010, the Commission’s report 'In our own words' found the relationship between young African Australians and the police of particular concern. Many young people felt they were being 'over policed'.78 In February 2013, Victoria Police held a public inquiry aimed at stamping out racial profiling in police practices as a condition of an agreed out of court settlement in a racial discrimination claim brought on behalf of six young AfricanAustralian men.79 The Inquiry’s report found that there was a strong perception of racial profiling by Victoria Police in some Culturally and Linguistically Diverse (CALD) and Aboriginal communities. Victoria Police announced a three year action plan in response. 86. Homelessness: The Victorian Equal Opportunity and Human Rights Commission is concerned about the enactment of criminal laws and the enforcement of existing criminal laws which are likely to have a disproportionate impact on homeless persons. The Victorian Commission advised that recent Victorian legislation provides police with greater powers to give directions to ‘move on’ persons from public places and to arrest persons in contravention of such directions. Police can apply for a court order to exclude a person from a public place for 12 months. Begging remains a criminal offence in Victoria under the Summary Offences Act 1966 (Vic).80 87. Overcrowding in prisons: At the state and territory level there is concern regarding overcrowding in prisons. In Victoria, a report by the Victorian Ombudsman has raised serious concerns about overcrowding in prisons and police cells.81 The Ombudsman considered that overcrowded prisons are leading to increased tensions and violence, and there is currently a greater likelihood of deaths and harm in custody.82 This arises from issues such the failure to remove obvious hanging points and pressure placed on health care services.83 The Tasmanian Government has announced its intention to phase out the use of suspended sentences and replace them with a range of alternative sentencing options.84 There is concern that this will lead to overcrowding. 88. There is also concern about overcrowding in the prisoner transportation system. In Victoria, a recent report found that a failure to adequately separate prisoners during transport on 21 occasions since 2009 had increased the risk of prisoner injury or even death.85 21