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| Northern Territory juvenile detention 'may amount to torture', says Unicef – live | Northern Territory juvenile detention 'may amount to torture', says Unicef – live |
| (35 minutes later) | |
| 7.33am BST | |
| 07:33 | |
| This New Matilda piece by Chris Graham raises the valid question: the Four Corners footage shows how authorities behave when they know they’re being recorded. “Can you imagine how they behave when they think they’re not?” | |
| Updated | |
| at 7.35am BST | |
| 7.17am BST | 7.17am BST |
| 07:17 | 07:17 |
| Helen Davidson | Helen Davidson |
| This is an interview from October last year, with the former NT corrections commissioner, Ken Middlebrook, on ABC Darwin. The interview took place just after the Children’s commissioner’s report was released. | This is an interview from October last year, with the former NT corrections commissioner, Ken Middlebrook, on ABC Darwin. The interview took place just after the Children’s commissioner’s report was released. |
| Let’s cut to the chase. He seems to be misinformed, at the very least, about the level of teargassing. | |
| Middlebrook tells ABC radio the incident needs to be “looked at in context”, and dismisses the preceding news report about the commissioner’s findings. | Middlebrook tells ABC radio the incident needs to be “looked at in context”, and dismisses the preceding news report about the commissioner’s findings. |
| He accuses the report of being one-sided, unfair and unbalanced. He tells the radio host it was “very shallow and doesn’t really address the issues, and there are inaccuracies in that report”. | He accuses the report of being one-sided, unfair and unbalanced. He tells the radio host it was “very shallow and doesn’t really address the issues, and there are inaccuracies in that report”. |
| He defends the use of teargas against children locked in cells and again says “let’s get this into context”. | He defends the use of teargas against children locked in cells and again says “let’s get this into context”. |
| “It wasn’t tear gas canisters. There were two sprays from an aerosol into the area. That wasn’t overuse of gas. | “It wasn’t tear gas canisters. There were two sprays from an aerosol into the area. That wasn’t overuse of gas. |
| “Nearly 38 years I’ve been a corrections officer, and I’ve used gas very few times in that 38 years … On the evening when I arrived there it was out of control. | |
| “The picture that was painted by that grab a while ago, where there was someone running around in a common area and other kids were playing cards in a cell. Let me tell you, those other kids in those other cells, wrecked those cells to the point that they were inoperable.” | “The picture that was painted by that grab a while ago, where there was someone running around in a common area and other kids were playing cards in a cell. Let me tell you, those other kids in those other cells, wrecked those cells to the point that they were inoperable.” |
| “These were fair dinkum young hoodlums,” he later said. “These young men were throwing shards of glass at staff.” | “These were fair dinkum young hoodlums,” he later said. “These young men were throwing shards of glass at staff.” |
| Updated | |
| at 7.39am BST | |
| 7.14am BST | 7.14am BST |
| 07:14 | 07:14 |
| On Vita’s report, his description of the “serious incident” on the evening of 21 August 2014 in the Behavioural Management Unit of the former Don Dale facility is significantly at odds with that shown on the CCTV and handy-cam footage broadcast by Four Corners. (You can watch the clip here.) | On Vita’s report, his description of the “serious incident” on the evening of 21 August 2014 in the Behavioural Management Unit of the former Don Dale facility is significantly at odds with that shown on the CCTV and handy-cam footage broadcast by Four Corners. (You can watch the clip here.) |
| I’ve highlighted the discrepancies between the two accounts in square brackets, but it’s important to take them in the context of what Vita was asked by the NT government to investigate, and the issues he said he encountered (such as footage being withheld) in the process. | I’ve highlighted the discrepancies between the two accounts in square brackets, but it’s important to take them in the context of what Vita was asked by the NT government to investigate, and the issues he said he encountered (such as footage being withheld) in the process. |
| “A detainee had managed to damage his room and ultimately was able to get out of that room and into the BMU open area. [His door had been left unlocked, which Vita later clarifies.] All available exits soon after became inaccessible and a dangerous situation existed if staff were to force entry. | “A detainee had managed to damage his room and ultimately was able to get out of that room and into the BMU open area. [His door had been left unlocked, which Vita later clarifies.] All available exits soon after became inaccessible and a dangerous situation existed if staff were to force entry. |
| “The other BMU detainees, who were still locked in their rooms, continued to damage their rooms and attempted to break out themselves as well as arming themselves with various stabbing and cutting implements, gained from damaging their rooms. [At least two could be seen on the CCTV footage calmly playing cards before the tear gas was deployed.] Other detainees in the main centre became excited after being incited. | “The other BMU detainees, who were still locked in their rooms, continued to damage their rooms and attempted to break out themselves as well as arming themselves with various stabbing and cutting implements, gained from damaging their rooms. [At least two could be seen on the CCTV footage calmly playing cards before the tear gas was deployed.] Other detainees in the main centre became excited after being incited. |
| “The threat to management was that other detainees, not directly associated with the five in the BMU, could become involved, possibly get out of their rooms and partake in a much larger disturbance. | “The threat to management was that other detainees, not directly associated with the five in the BMU, could become involved, possibly get out of their rooms and partake in a much larger disturbance. |
| “As a result of this, local staff and other more specialised staff from the adjoining correctional centre arrived at Don Dale BMU and began exploring different options to bring this incident under control. Unfortunately, due to the nature of the infrastructure and the inability to get inside without risking the safety of other staff, there only appeared to be two other options: | “As a result of this, local staff and other more specialised staff from the adjoining correctional centre arrived at Don Dale BMU and began exploring different options to bring this incident under control. Unfortunately, due to the nature of the infrastructure and the inability to get inside without risking the safety of other staff, there only appeared to be two other options: |
| “Onsite during this incident was the Commissioner for Northern Territory Department of Correctional Services, the Director of YDCs and the Executive Director, Youth Justice. As a result of consultation during the course of the incident and after exploring all the options available, the Commissioner, Ken Middlebrook, made a decision to use CS gas to bring the situation to a halt after constant attempts to resolve the incident peacefully were met with defiance by the detainees. | |
| “As a result two short sharp bursts of CS gas were used, the detainee R immediately succumbed. [The ABC reports that the CTV footage shows 10 bursts of tear gas were sprayed into the enclosed area over 90 seconds.] The area was made safe and staff, particularly local staff, then immediately decanted detainee R and the other four detainees held in the BMU rooms, decontaminated them and took them outside so as to receive relief from the effects of the gas. No further injury to staff or detainees occurred. | “As a result two short sharp bursts of CS gas were used, the detainee R immediately succumbed. [The ABC reports that the CTV footage shows 10 bursts of tear gas were sprayed into the enclosed area over 90 seconds.] The area was made safe and staff, particularly local staff, then immediately decanted detainee R and the other four detainees held in the BMU rooms, decontaminated them and took them outside so as to receive relief from the effects of the gas. No further injury to staff or detainees occurred. |
| [Again from that ABC report: “One boy is left in his cell and exposed to tear gas for eight minutes. He is seen lying face down on the floor with his hands behind his back, before being handcuffed by two prison officers wearing gas masks and dragged out of his cell.”]” | [Again from that ABC report: “One boy is left in his cell and exposed to tear gas for eight minutes. He is seen lying face down on the floor with his hands behind his back, before being handcuffed by two prison officers wearing gas masks and dragged out of his cell.”]” |
| Vita concluded his assessment of the incident by urging “those who seek to criticise these actions take into consideration” a number of factors, including the volatile situation, the poor infrastructure that limited staff’s options, and the refusal of the first detainee “to mediate”. | Vita concluded his assessment of the incident by urging “those who seek to criticise these actions take into consideration” a number of factors, including the volatile situation, the poor infrastructure that limited staff’s options, and the refusal of the first detainee “to mediate”. |
| Some of the children in the BMU were among the five that had successfully escaped the Don Dale facility three weeks before the teargassing incident. “If this incident was not finalised quickly ... this could once again be a threat to the community,” wrote Vita. | |
| “... The safest option to bring the disturbance to a halt and provide safety to all involved, including the community, was assessed to be to use two sharp bursts of gas. | “... The safest option to bring the disturbance to a halt and provide safety to all involved, including the community, was assessed to be to use two sharp bursts of gas. |
| “The review considers that the actions of the Northern Territory Commissioner in this aspect were justifiable.” | “The review considers that the actions of the Northern Territory Commissioner in this aspect were justifiable.” |
| Updated | |
| at 7.30am BST | |
| 7.04am BST | 7.04am BST |
| 07:04 | 07:04 |
| Figures from Save the Children estimate that incarcerating young Indigenous offenders – who comprise the majority of detained young offenders – costs the Australian taxpayer $240 million a year: nearly $1,400 per day, per detainee. | |
| It’s from a different budget, but it’s a stark comparison nonetheless: $300m in funding for Indigenous programs was ripped out of the 2014 federal budget. | It’s from a different budget, but it’s a stark comparison nonetheless: $300m in funding for Indigenous programs was ripped out of the 2014 federal budget. |
| The detainment of young offenders was not only a broken system but “grotesquely wasteful”, said the organisation’s director of public affairs and policy, Mat Tinkler. | The detainment of young offenders was not only a broken system but “grotesquely wasteful”, said the organisation’s director of public affairs and policy, Mat Tinkler. |
| “These astronomical figures are symbolic of so much of the disadvantage Aboriginal and Torres Strait Islander people continue to face ... | |
| “It clearly makes moral and financial sense to dramatically reduce the number of young [people] locked up in youth detention. We want to see taxpayer funds invested in programs that prevent youth offending and help Indigenous young people build brighter futures, not paying for prison cells. | “It clearly makes moral and financial sense to dramatically reduce the number of young [people] locked up in youth detention. We want to see taxpayer funds invested in programs that prevent youth offending and help Indigenous young people build brighter futures, not paying for prison cells. |
| “And we never again want to see the horrific abuse of children disclosed at Don Dale.” | “And we never again want to see the horrific abuse of children disclosed at Don Dale.” |
| Updated | |
| at 7.33am BST | |
| 6.42am BST | 6.42am BST |
| 06:42 | 06:42 |
| Let’s take a look at that Michael Vita report that has been cited several times today. The former Long Bay prison boss was tasked by the NT government in October last year with reviewing its youth detention system. | Let’s take a look at that Michael Vita report that has been cited several times today. The former Long Bay prison boss was tasked by the NT government in October last year with reviewing its youth detention system. |
| You can read the 65-page document here. Vita did “not find any evidence of a systemic culture of non-reporting”. | You can read the 65-page document here. Vita did “not find any evidence of a systemic culture of non-reporting”. |
| But he wrote that he and the former children’s commissioner, Dr Howard Bath, found that the detention staff’s failure to provide CCTV or video footage and “apparent untruthful comments made in a statutory declaration” were among the issues in both their investigations. | But he wrote that he and the former children’s commissioner, Dr Howard Bath, found that the detention staff’s failure to provide CCTV or video footage and “apparent untruthful comments made in a statutory declaration” were among the issues in both their investigations. |
| Some contributing factors were identified in incidents that were not managed well by staff, wrote Vita: | Some contributing factors were identified in incidents that were not managed well by staff, wrote Vita: |
| Updated | Updated |
| at 7.25am BST | |
| 6.06am BST | 6.06am BST |
| 06:06 | 06:06 |
| “None of this was new at all,” Priscilla Collins, the chief executive of the North Australian Aboriginal Justice Agency, has told the media in Darwin. | “None of this was new at all,” Priscilla Collins, the chief executive of the North Australian Aboriginal Justice Agency, has told the media in Darwin. |
| Echoing the comments made by many today, she said the transcript of Four Corners’ footage was included in the report into the NT youth detention system by Michael Vita, released in January this year. | Echoing the comments made by many today, she said the transcript of Four Corners’ footage was included in the report into the NT youth detention system by Michael Vita, released in January this year. |
| She refuted the explanation given by the chief minister, Adam Giles, that there was a “culture of cover-up”. | She refuted the explanation given by the chief minister, Adam Giles, that there was a “culture of cover-up”. |
| “Those investigations have the full transcript of the video footage that everyone saw last night, so when you have the chief minister and the attorney general say that they are shocked, they can’t be shocked. They had access to this report and that footage years ago.” | “Those investigations have the full transcript of the video footage that everyone saw last night, so when you have the chief minister and the attorney general say that they are shocked, they can’t be shocked. They had access to this report and that footage years ago.” |
| She said ministers in power have been “lying directly to the public”. | She said ministers in power have been “lying directly to the public”. |
| Updated | Updated |
| at 6.20am BST | at 6.20am BST |
| 5.52am BST | 5.52am BST |
| 05:52 | 05:52 |
| Nigel Scullion said the prime minister, Malcolm Turnbull, rang him after the broadcast last night, “fairly agitated”, when he was out to dinner. | Nigel Scullion said the prime minister, Malcolm Turnbull, rang him after the broadcast last night, “fairly agitated”, when he was out to dinner. |
| “The PM rang me, fairly agitated, and said, ‘Have you said it?’ And I said, ‘No, mate.’ He said, ‘You better go home and see it. Give me a ring.’ So when I did see it, it shocked me to the core.” | “The PM rang me, fairly agitated, and said, ‘Have you said it?’ And I said, ‘No, mate.’ He said, ‘You better go home and see it. Give me a ring.’ So when I did see it, it shocked me to the core.” |
| He said he had never seen the footage before: “You don’t know what you don’t know.” He did admit to being “disappointed” that he was not briefed by the NT government on inquiries into abuse within Don Dale. | He said he had never seen the footage before: “You don’t know what you don’t know.” He did admit to being “disappointed” that he was not briefed by the NT government on inquiries into abuse within Don Dale. |
| “I cannot understand why apparently so many people knew and yet here we are today – until there is a Four Corners expose on the matter, we were unable to act in the way that we should have.” | “I cannot understand why apparently so many people knew and yet here we are today – until there is a Four Corners expose on the matter, we were unable to act in the way that we should have.” |
| He said it was important not to conflate the issues of Aboriginal deaths in custody, the subject of a royal commission 25 years ago, and the issue of juvenile detention in the NT today. | He said it was important not to conflate the issues of Aboriginal deaths in custody, the subject of a royal commission 25 years ago, and the issue of juvenile detention in the NT today. |
| “But some of the learnings are ... is that this is a closed shop, this is a prison, nothing is transparent, and yet we now know that there can be circumstances in that environment that are just unthinkably evil, so in the future we need to find ways that ensure that this is all transparent. | “But some of the learnings are ... is that this is a closed shop, this is a prison, nothing is transparent, and yet we now know that there can be circumstances in that environment that are just unthinkably evil, so in the future we need to find ways that ensure that this is all transparent. |
| “Just because it has horrible walls and we can’t see in, it doesn’t mean that the level of transparency ... doesn’t need to be substantially increased and I think that’s one of the fundamentals of the royal commission.” | “Just because it has horrible walls and we can’t see in, it doesn’t mean that the level of transparency ... doesn’t need to be substantially increased and I think that’s one of the fundamentals of the royal commission.” |
| He said he had “utter confidence” in the royal commission process. | He said he had “utter confidence” in the royal commission process. |
| Updated | Updated |
| at 6.28am BST | at 6.28am BST |
| 5.47am BST | 5.47am BST |
| 05:47 | 05:47 |
| The Indigenous affairs minister, Nigel Scullion, has conveyed his “sense of shock” at the Four Corners broadcast to the media from Canberra. | The Indigenous affairs minister, Nigel Scullion, has conveyed his “sense of shock” at the Four Corners broadcast to the media from Canberra. |
| “It was some of the most disturbing footageI have ever seen, I have ever seen. And it beggars belief that the people that we put in charge of scaring for vulnerable children in detention and – that’s right – caring for them and looking after their welfare were in fact brutalising those children.” | “It was some of the most disturbing footageI have ever seen, I have ever seen. And it beggars belief that the people that we put in charge of scaring for vulnerable children in detention and – that’s right – caring for them and looking after their welfare were in fact brutalising those children.” |
| He also speculated that brutal treatment such as that documented at the Don Dale correctional facility was “in fact a part of the problem” of recidivism rates among youth who have entered in the justice system. | He also speculated that brutal treatment such as that documented at the Don Dale correctional facility was “in fact a part of the problem” of recidivism rates among youth who have entered in the justice system. |
| “Certainly I took away from the Four Corners report that we actually have a system that says if you’re going to self-harm ... somehow the most helpful thing to do is to tie you down and put a bag on your head, and if that is world’s best practice – well, I am just stunned.” | “Certainly I took away from the Four Corners report that we actually have a system that says if you’re going to self-harm ... somehow the most helpful thing to do is to tie you down and put a bag on your head, and if that is world’s best practice – well, I am just stunned.” |
| He also said it was “extremely distressing” to see how confident the officers filmed mistreating teenagers in detention were as they “went about their business”. | He also said it was “extremely distressing” to see how confident the officers filmed mistreating teenagers in detention were as they “went about their business”. |
| “There was no concern about cameras. There was no, ‘Oh, we need to be a bit cautious about that’, or a rule book or something. | “There was no concern about cameras. There was no, ‘Oh, we need to be a bit cautious about that’, or a rule book or something. |
| “They knew that their behaviour was clearly not right, it was evil, but they also knew they had absolutely no chance of that being a problem to anyone, such was the culture of cover-up, such was the culture of brutality, and those sort of cultures push away people who want to help.” | “They knew that their behaviour was clearly not right, it was evil, but they also knew they had absolutely no chance of that being a problem to anyone, such was the culture of cover-up, such was the culture of brutality, and those sort of cultures push away people who want to help.” |
| Updated | Updated |
| at 5.57am BST | at 5.57am BST |
| 5.40am BST | 5.40am BST |
| 05:40 | 05:40 |
| The ABC has expressed concerns to Facebook over its removal of one clip over concerns it displays child nudity. | The ABC has expressed concerns to Facebook over its removal of one clip over concerns it displays child nudity. |
| Facebook removed two clips posted to the Four Corners Facebook page showing the abuse of children in detention in the Northern Territory after they were reported by members of the public. One was subsequently reinstated on closer review by the platform, but the other contravenes its community standards – specifically, its policy about child nudity. | Facebook removed two clips posted to the Four Corners Facebook page showing the abuse of children in detention in the Northern Territory after they were reported by members of the public. One was subsequently reinstated on closer review by the platform, but the other contravenes its community standards – specifically, its policy about child nudity. |
| A Facebook spokesman said no nudity of minors could be shared on its platform, “even if they are shared with the purpose of condemning it”. | A Facebook spokesman said no nudity of minors could be shared on its platform, “even if they are shared with the purpose of condemning it”. |
| But the ABC’s director of news, Gaven Morris, said ABC News had given “careful consideration to publishing these images, which were evidence of the mistreatment of a child and not in any way gratuitious”. | But the ABC’s director of news, Gaven Morris, said ABC News had given “careful consideration to publishing these images, which were evidence of the mistreatment of a child and not in any way gratuitious”. |
| He said he believed the images’ publication to be “strongly in the public interest ... We have expressed our concerns to Facebook about their handling of this matter.” | He said he believed the images’ publication to be “strongly in the public interest ... We have expressed our concerns to Facebook about their handling of this matter.” |
| Updated | Updated |
| at 6.01am BST | at 6.01am BST |
| 5.36am BST | 5.36am BST |
| 05:36 | 05:36 |
| Tanya Plibersek, the acting leader of the opposition, told reporters in Melbourne that she found Four Corners’ report “shocking”. | Tanya Plibersek, the acting leader of the opposition, told reporters in Melbourne that she found Four Corners’ report “shocking”. |
| “I think any Australian – any human being, anywhere would have been shocked by the footage. ... It is impossible to think that this has been happening in the Northern Territory for a number of years.” | “I think any Australian – any human being, anywhere would have been shocked by the footage. ... It is impossible to think that this has been happening in the Northern Territory for a number of years.” |
| She said Labor supported the royal commission and expected to be involved in setting its terms with the government. “It is absolutely vital that we get to the bottom of what was happening in this detention facility.” | She said Labor supported the royal commission and expected to be involved in setting its terms with the government. “It is absolutely vital that we get to the bottom of what was happening in this detention facility.” |
| But she hoped that in the coming days – weeks – that scrutiny would be applied far more broadly than Don Dale. | But she hoped that in the coming days – weeks – that scrutiny would be applied far more broadly than Don Dale. |
| “I think we have a deeper responsibility as a society and as a community to ask ourselves how it is that 10, 11-year-old boys ended up in the juvenile justice system in the first place. | “I think we have a deeper responsibility as a society and as a community to ask ourselves how it is that 10, 11-year-old boys ended up in the juvenile justice system in the first place. |
| “How have they been let down by the broader community, by schools, by their families? What is it that has led them to the troubled lives and the behaviour that has taken them into contact with the juvenile justice system?” | “How have they been let down by the broader community, by schools, by their families? What is it that has led them to the troubled lives and the behaviour that has taken them into contact with the juvenile justice system?” |
| Mark Dreyfus, the shadow attorney general, said, for this reason, Labor urged the government ensure the royal commission is a “full examination” of the NT’s juvenile justice system. | Mark Dreyfus, the shadow attorney general, said, for this reason, Labor urged the government ensure the royal commission is a “full examination” of the NT’s juvenile justice system. |
| “It shouldn’t just be confined to the particular prison where these young boys were kept – in fact where these young boys were tortured. We need to make sure that it is a systemic inquiry.” | “It shouldn’t just be confined to the particular prison where these young boys were kept – in fact where these young boys were tortured. We need to make sure that it is a systemic inquiry.” |
| Labor’s Closing the Gap strategy sought to deliver a national solution to disproportionately high rates of Indigenous incarceration and victimisation rates, which it said had reached a “crisis point”. | Labor’s Closing the Gap strategy sought to deliver a national solution to disproportionately high rates of Indigenous incarceration and victimisation rates, which it said had reached a “crisis point”. |
| Plibersek would not comment on whether NT officials knew enough to act before Four Corners publicised the footage: “I think that is exactly the sort of question a royal commission would look at.” | Plibersek would not comment on whether NT officials knew enough to act before Four Corners publicised the footage: “I think that is exactly the sort of question a royal commission would look at.” |
| Updated | Updated |
| at 6.30am BST | at 6.30am BST |