Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 serious psychological harm upon them, amounting to cruel, inhuman or degrading treatment. 150. The Commission is of the view that alternative options to indefinite detention in closed facilities should be considered. These alternative options may include, in particular, community detention, if necessary with conditions to mitigate any identified risks. Conditions could include a requirement to reside at a specified location, curfews, travel restrictions, regular reporting and, possibly, electronic monitoring. Mental health impacts of detention 151. Rates of mental health problems in the immigration detention population in Australia have been found to be high, and range from depression, anxiety and sleep disorders to post-traumatic stress disorders, suicidal ideation and selfharm. 152. The UN Human Rights Committee found that Australia breached the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and the right of people detained to be treated with dignity, by continuing to detain people in the knowledge that it was contributing to mental illness. 153. In May 2013, the Commonwealth Ombudsman published a report following a two year-long investigation. The investigation was prompted by the increasing number of self-harm incidents in immigration detention. The Ombudsman’s findings in relation to the impact of detention on the mental health of asylum seekers align with the observations of medical practitioners and the Commission. 154. In particular, it has been clearly established that detention for prolonged and uncertain periods of time both causes and exacerbates mental illness, and that there is a strong link between the length of time spent in detention and the deterioration of mental health. It is also known that detention in remote, climatically harsh and overcrowded conditions, and a lack of meaningful activities and adequate services have a negative impact on the mental health of detainees. 155. Research has also found that bringing together groups of people in the same situation, experiencing frustration, distress and/or mental illness, can result in a ‘contagion’ effect; ‘dysfunctional thinking’ can be magnified; behaviours such as self-harm and rioting are reinforced as responses to problems; and witnessing others self-harm can increase the risk of self-harming behaviour in imitation. 156. The impact of mental illness on detainees extends to impaired cognitive function, memory and concentration. This can have a negative impact on a detainee’s case for asylum by impairing their ability to present a coherent, consistent, fact-based claim. 157. The mental health impacts on asylum seekers held in detention can continue to affect a person after they have been released into the community. Studies have found a strong association between past detention, particularly detention 40