Australian Human Rights Commission Information for LOIPR - Australia, 27 June 2016 76. • The vast majority of children have been released from closed detention facilities in Australia into alternative community arrangements.59 • Several detention facilities, including a number in remote areas of Australia, have either been closed or are due to close in the near future.60 • A number of refugees who were previously held in indefinite detention due to having received an adverse security assessment have been released from closed detention. However, there have been several developments, which are contrary to Australia’s obligations under the CAT: • Since 2014, there has been a significant increase in cases of long-term detention. As at March 2016, 804 people had been held in closed detention for more than one year (including 434 people who had been held for more than two years).61 The overall average length of detention in closed facilities has remained in excess of one year since August 2014.62 • There has been a significant increase in the number of people detained as a result of having a visa refused or cancelled on character grounds. The number of people in detention as a result of visa cancellation increased from 140 in December 2014 to 589 in March 2016.63 While these figures include people who have had visas cancelled on grounds unrelated to character, the increase followed changes to the Migration Act which broadened the criteria for visa cancellation on character grounds.64 • A number of refugees continue to be held in indefinite detention due to having received an adverse security assessment. In April 2016, the UN Human Rights Committee reaffirmed that the prolonged indefinite detention of refugees in these circumstances violates the prohibition of cruel, inhuman and degrading treatment under Article 7 of the International Covenant on Civil and Political Rights.65 77. The Commission also remains concerned about the impact of prolonged indefinite detention on the mental health of those detained. Numerous studies have documented high rates of mental health problems amongst people in immigration detention in Australia,66 with the negative impacts of detention tending to worsen as detention becomes more prolonged.67 78. Issues for consideration in the LOIPR: • Information on the use of mandatory and prolonged detention in light of the impacts that long-term indefinite detention has on the mental health of those detained. • Information on the availability of regular judicial oversight of detention and the minimum standards for conditions of detention. 15

Выберите целевой абзац3