A/HRC/35/25/Add.3
implementation should cease. Migrants are already subject to existing provisions in
criminal and penal legislation.
63.
The material conditions in the modern onshore detention centres visited were
generally good, except for in Villawood: in its Blaxland compound, the Special Rapporteur
observed that the dormitories were not well kept, and received information that cleaning
was not regularly and properly conducted. The geographical isolation of most detention
centres means that access to the detention centres by lawyers, civil society organizations
and families is often incredibly difficult. Regular daily free shuttle services from city
centres would alleviate the sense of isolation and facilitate contacts.
64.
Many testified to the increased “securitization” of the immigration detention centres.
The arrival of the Australian Border Force and the increased number of foreigners in
detention after having served a prison sentence (the “501s”) has driven a considerable
increase in security control procedures. Mixing asylum seekers and undocumented migrants
with the “501s” should be avoided at all costs. It was readily acknowledged that a “prison
culture” had changed the atmosphere of detention centres: a “garrison mind set”, as
described by a government official. Detained asylum seekers testified to regular bullying
from the “501s”, who also are adept at smuggling items into the centres, only to blame
refugees — mainly unauthorized maritime arrivals — if discovered, thus hardening the
control measures further. Increased violence from the guards, especially during transfers,
such as systematic handcuffing, aggressive language and brutalities that did not exist
before, were also regularly mentioned. Violence among detainees has also increased.
Transfers happening during the night, without appropriate notice or time to prepare,
accompanied by a deployment of force and by shouting, were experienced as terrifying.
Transfer to Christmas Island is perceived as punishment for protesting against harsh
treatment in onshore detention centres.
65.
Limitations have been placed on the ability of migrants to circulate between
different compounds in the same detention centre. Outside visits to doctors or hospitals are
reported to be systematically undertaken with heavy security and with handcuffs. In some
cases, outside excursions under the supervision of civil society organizations have been
discontinued. They are now under the supervision of Serco guards and are reported as being
undertaken with handcuffs. Consequently, many refuse such excursions, as they do not
want to be paraded as criminals in the streets. The Special Rapporteur received information
about abuse of power by some of the security and medical service providers in the detention
facilities. He also received reports of verbal and physical attacks, and acts of intimidation,
taunting and provocation against detainees. Additionally, he received information that some
medical service providers ignored or dismissed medical complaints and did not provide
appropriate medical care. Detainees also did not have access to their medical file, and it
came to his attention that complicated medical procedures were sometimes explained
without an interpreter, making it difficult for them to take an informed decision. The
detainees had little trust in the complaints mechanism.
A.
Children in detention
66.
The continuous increase in the number of children (aged less than 18 years) in
detention facilities from April to August 2013 was due to a rapid increase in unauthorized
maritime arrivals during that period. The number of children in detention facilities declined
during late 2013 and in 2014, with further reductions in January 2015. On 31 August 2016,
there were fewer than five children in Immigration Residential Housing, Immigration
Transit Accommodation or Alternative Places of Detention. The number of children in
community detention has levelled off, to its lowest number since the peak in November
2013, because of releases into the community on bridging visas.
67.
The strong push by Australia to significantly reduce the number of onshore children
in detention to what has been reported to be a handful is great progress and exemplary. The
Special Rapporteur urges the Government to strengthen this commitment into law and look
into alternatives for those children at all times, and to ensure that they receive appropriate
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