United Nations inspectors have suspended plans to look at Australian detention facilities after New South Wales and Queensland blocked access.
NSW officials blame their federal counterparts for signing it up to an optional protocol of the convention against torture, suggesting the UN should focus its attention on countries that haven’t accepted the international agreement.
Representatives from the UN Subcommittee on Prevention of Torture said they were obstructed from carrying out their protective mandate, violating Australia’s obligations.
The 12-day tour was to continue until Thursday until the UN pulled the plug.
UN delegation head Aisha Shujune Muhammad said the drastic measure was deeply regrettable, which had occurred due to the limited understanding of the organisation’s mandate and a lack of co-operation from NSW and Queensland.
Queensland stopped delegates inspecting mental health wards, while NSW prevented access to court cells and prisons as it faces accusations its ‘Victorian era’ facilities are not up to scratch.
‘Inadequate’ NSW facilities
NSW Corrections Minister Geoff Lee told a budget estimates hearing on Monday he has confidence in the state’s facilities.
“They meet, and many times often exceed, those of other countries,” he said.
But committee deputy chair Sue Higginson noted five older facilities, which housed hundreds of inmates, needed updating.
“Is that fair, then, to conclude that some of them wouldn’t quite meet the UN standards, the most basic standards?” she said.
Dr Lee said the federal government had signed up to the agreement and NSW was in negotiations about the facilities.
Corrective Services NSW commissioner Kevin Corcoran said he did not need the UN inspectors to assess conditions because the Inspector of Custodial Services had already delivered a report.
“(It) highlighted the fact that these facilities are inadequate,” he told the hearing.
“We’ve got our own standards … they don’t meet those standards.”
Assistant commissioner Leon Taylor said some infrastructure dated back to the Victorian era and “does not easily support contemporary correctional practice without a lot of effort”.
Two facilities from the era had been closed and replaced with more modern facilities in the past 18 months and a new infrastructure strategy was being developed, he said.
Dr Lee said he would try and address the issue in his remaining months as minister.
“I will continue to advocate very strongly for our portfolio agency to receive money to upgrade and expand our facilities and retire the old facilities as soon as possible,” he said.
Retiring senior minister David Elliott, who was NSW corrections minister when Australia ratified the optional protocol in December 2017, said he told past premiers not to approve inspections.
“I’m not going to have UN inspectors from Iran and China and Cuba come into NSW jails and tell us that we’re doing things wrong,” he told 2GB on Monday.
None of those countries have ratified the protocol, nor has the US, which has the most incarcerated population in the world per capita.
Mr Elliott said the federal government encouraged the inspections, but was protected from having to open immigration detention centres or defence force correctional facilities, unlike state prisons.
Academics and advocacy groups condemned the states for blocking access.
“Parties have an obligation to both receive the (subcommittee) in their territory and allow it to exercise its mandate in full, including by allowing unfettered access to places of detention,” said a joint statement circulated by Australian Lawyers for Human Rights and signed by dozens of groups and individuals.
– with AAP
