CRPD/C/22/D/18/2013
those persons,26 including to prevent any form of treatment contrary to article 15 and to
safeguard the rights established under the Convention. In this context, State party
authorities must pay special attention to the particular needs and possible vulnerability of
the person concerned, including because of his disability. The Committee further recalls
that the failure to adopt relevant measures and to provide sufficient reasonable
accommodation when required by persons with disabilities who have been deprived of their
liberty may constitute a breach of article 15 (2) of the Convention.
8.10 In the present case, the author submits that he was detained in maximum security,
was held in custody with convicted persons, was subjected to involuntary treatment and
was also subjected to acts of violence from other prisoners. The State party admits that the
author was not separated at all times from convicted offenders, that he was temporarily held
in isolation and that he was sometimes subjected to involuntary treatment. Additionally, the
Committee notes that the author was committed to custody, first in Alice Springs
Correctional Centre and then in a secure care facility, for more than nine years, without
having any prior indication as to the expected duration of his detention. His custody was
deemed indefinite insofar as, in compliance with section 43ZC of part II.A of the Northern
Territory Criminal Code, a supervision order is for an indefinite term. Taking into account
the irreparable psychological effects that indefinite detention may have on a detained
person, the Committee considers that the indefinite custody to which the author was
subjected amounts to inhuman and degrading treatment. 27 The Committee therefore
considers that – even though the author has not demonstrated that he was subjected to
violence from other prisoners – the indefinite character of his custody, his detention in a
correctional centre without being convicted of a criminal offence, his periodic isolation, his
involuntary treatment and his detention together with convicted offenders amount to a
violation of article 15 of the Convention.
8.11 The Committee take notes of the author’s submissions under article 19 that he was
not provided with adequate housing in the community, as an alternative to custody in the
Correctional Centre or the secure care facility. The Committee notes the State party’s
submission that the Supreme Court’s periodic reviews have consistently concluded that,
due to the lack of an appropriate facility, there was no practical alternative to custody in the
Correctional Centre. The Committee also notes the favourable decision implemented on
9 February 2017 to grant the author the possibility of living in a community residence in
Alice Springs. In view thereof, the Committee considers that the issue raised by the author
concerning the alleged violation of article 19 of the Convention has become moot.
Accordingly, in view of the circumstances of the case, this particular issue does not need to
be addressed further.
8.12 Finally, the Committee notes the author’s allegations that he lacked access to health
care (art. 25 of the Convention), habilitation and rehabilitation services (art. 26), and that
his right to an adequate standard of living and social protection (art. 28) had been violated.
The Committee also notes the State party’s arguments that, while the author remained in
custody, it had allocated significant expenditure to both health and disability support
services, that the author received adequate health, habilitation and rehabilitation services
and adequate accommodation, that the secure care facility had been built in part to provide
appropriate accommodation to the author and that the author was eventually relocated to a
community residence. The Committee notes that the statements of the author and of the
State party are not consistent and that the information provided does not enable it to
conclude that violations of articles 25, 26 and 28 of the Convention have occurred.
8.13 In the light of the above, the Committee concludes that the State party has failed to
fulfil its obligations under articles 5, 12, 13, 14 and 15 of the Convention.
26
27
See Guerrero Larez v. Bolivarian Republic of Venezuela (CAT/C/54/D/456/2011), para. 6.4, and
Yrusta v. Argentina (CED/C/10/D/1/2013), para. 10.5.
Alfred de Zayas, “Human rights and indefinite detention”, International Review of the Red Cross, vol.
87, No. 857 (March 2005), pp. 19 and 20.
15