A/HRC/4/21/Add.1 page 11 permitted only to children and not to spouses, partners or other family members. Some of the detainees were held together with convicted prisoners for some time. 23. Access by the detainees to their legal representatives is restricted and all communications between them are audio and videotaped. All materials provided to and received by the detainees are scanned by the prison authorities. The diet of the detainees includes pork, which some of them consider offensive to their religious feelings. The mental health of some detainees has been adversely affected by the detention conditions and the prolonged isolation. Response from the Government dated 30 November 2006 24. Pursuant to section 120 of the Australian Constitution, housing of federal offenders (including those on remand) is the responsibility of the States and Territories (in this case, Victoria). The Commonwealth does not become involved in operational decisions of State Departments of Corrective Services in terms of security levels and custodial arrangements. The Government Department responsible for corrective services in the State of Victoria has assisted the Commonwealth by providing information in response to the sent letters. 25. Concerning the charges of the alleged offenders, each one of them has been charged with one count of being a member of a terrorist organisation, contrary to section 102.3 of the Criminal Code. Various additional charges have also been laid against some of the men, including charges of intentionally recruiting a person to join a terrorist organisation, intentionally making funds available to a terrorist organisation, and possessing a thing connected with the preparation for a terrorist act. 26. Barwon Prison houses remand prisoners. Within Barwon Prison is the Acacia High Security Unit, in which the alleged offenders are being held. The Acacia Unit houses both remand and convicted prisoners, however they do not mix, consistent with Guideline 1.11 of the Standard Guidelines for Prisons under the Revised Standard Guidelines for Corrections in Australia 2004 (Standard Guidelines). This is also consistent with Rule 8(b) of the Standard Minimum Rules on the Treatment of Prisoners (Standard Minimum Rules), which, while not a binding document, may be persuasive, and article 10(2) (a) of the International Covenant on Civil and Political Rights (Covenant). Australia has a reservation to article 10(2) (a), which states that the obligation under article 10(2) (a) is to be achieved progressively. However, in ensuring that remand and convicted prisoners do not mix in Barwon Prison, Australia is satisfied that it implements article 10(2) (a) notwithstanding Australia’s reservation. 27. As to the confinement in cells, the Government indicates that the alleged offenders have never been held in solitary confinement. Rather, each prisoner has an individual cell. They spend approximately six hours out of their cells each day. They may choose to reduce that time by returning to their cell earlier. Remand prisoners normally exercise with one other prisoner. All prisoners are rotated as to who they may exercise with, but security concerns are paramount in deciding the mix of people. Victorian legislation provides that the minimum number of hours out of cell is one hour per day (paragraph 47(1) (a) of the Corrections Act 1986 (Vic) (the Act)), which is consistent with Rule 21 of the Standard Minimum Rules and Guideline 2.47 of the Standard Guidelines. All detainees are able to make applications for any special arrangements they may require to assist them in the preparation of their defence,

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