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| Northern Territory juvenile detention 'may amount to torture', says Unicef – live | |
| (35 minutes later) | |
| 5.22am BST | |
| 05:22 | |
| Tanya Plibersek, the acting leader of the opposition; Mark Dreyfus, the shadow attorney general; and Nigel Scullion, the Indigenous affairs minister, have all spoken on ABC News 24 – their comments soon. | |
| Updated | |
| at 5.28am BST | |
| 5.14am BST | |
| 05:14 | |
| Northern Territory youth detention: no excuse for not knowing of abuse | |
| Helen Davidson, Guardian Australia’s Darwin correspondent, has been across this subject for some time. In her analysis of the territory’s response to the Four Corners report today, she says anyone in authority in either the state or federal governments has “no excuse” for not knowing what was going on in Don Dale. | |
| “The territory government has been relentlessly questioned by local media, endlessly lobbied and pleaded with by justice agencies, commissioners and regulators, and subject to damning findings by numerous inquiries – including one it commissioned itself. | |
| “In October last year the director of Human Rights Watch wrote in Fairfax newspapers: ‘What happened at Don Dale and [the adult jail used for juveniles at] Berrimah is a classic example of how not to deal with troubled youth. Excessive use of force, isolation and shackling of children is barbaric and inhumane. What makes it even more appalling is that the Northern Territory’s children’s commissioner exposed some of these issues last year, and yet the abusive practices persist.’ | |
| “Each time a new incident in youth detention came to light, the Country Liberal party government – a scandal-plagued unicameral parliament – has responded defensively and unapologetically. | |
| “Howard Bath, the former NT children’s commissioner, told ABC radio on Tuesday he had shown the 2014 footage of Voller stripped and beaten to the government. The existence of that footage was reported by the ABC at the time. Bath said he believed the government would have also had access to the rest of the footage shown on Four Corners. | |
| “But John Elferink, the NT attorney general, who on Tuesday was stood aside as corrections minister, told Four Corners he had not seen the video of guards teargassing the youths and remarking they would ‘pulverise the fuckers’. | |
| “Even if he had not seen it, he had heard the exact words, seen them printed in black and white in Bath’s report, heard them repeated back to him at press conferences and in media reports. | |
| “Presented with evidence of abuse allegations at press conferences, or questioned after yet another escape or incident, Elferink has followed a pattern. The government does not resile from its tough on crime approach – these ‘little darlings’, these ‘thugs’, these ‘grown men essentially’, have brought it upon themselves with their repeated criminal behaviour.” | |
| Read more from Helen’s analysis: | |
| Related: Northern Territory youth detention: no excuse for not knowing of abuse | |
| Updated | |
| at 5.25am BST | |
| 5.06am BST | |
| 05:06 | |
| Unicef Australia has raised the possibility that prolonged periods of solitary confinement, strip searches and unjustifiable force of children in detention “may amount to torture by the government responsible for their care”. | |
| Among the common consequences of such treatment it flagged are anxiety, depression, insomnia, psychosis, extreme paranoia, cognitive delays and psychosis. | |
| The Australian government is a signatory to the Convention on the Rights of the Child and the International Covenant on the Civil and Political Rights, while international law sets clear guidance on matters relating to children and detention. | |
| Under those obligations, says Unicef, children should only ever be detained in juvenile detention as a last resort and all decisions that affect them must take their best interests into account. | |
| While it welcomes the royal commission, it has called for the federal and state governments to revisit the recommendations of the royal commission into Aboriginal deaths in custody 25 years ago and fund intervention measures for children at risk of ending up in the justice system. | |
| Children who are detained need access to counselling and support, while those who have experienced acts that “could amount to torture” need access to justice. | |
| “There is no avenue for rehabilitation of children in institutions with cruel and degrading treatment.” | |
| Updated | |
| at 5.14am BST | |
| 4.56am BST | 4.56am BST |
| 04:56 | 04:56 |
| On the failure of the NT justice system to break the cycle of youth reoffending, Ruth Barson’s comment piece in the Sydney Morning Herald today is relevant. She’s the director of legal advocacy at the Human Rights Law Centre. | |
| “I have known one of the young people who featured in Monday’s Four Corners episode for close to a decade. I was his lawyer when he first came into contact with the criminal justice system. I know that there were countless missed opportunities for positive rather than punitive intervention in his life: for the system to make things better for him, rather than worse. | “I have known one of the young people who featured in Monday’s Four Corners episode for close to a decade. I was his lawyer when he first came into contact with the criminal justice system. I know that there were countless missed opportunities for positive rather than punitive intervention in his life: for the system to make things better for him, rather than worse. |
| But he was failed. Too often, the youth justice system is a slippery slope of failure.” | But he was failed. Too often, the youth justice system is a slippery slope of failure.” |
| Updated | |
| at 5.15am BST | |
| 4.52am BST | 4.52am BST |
| 04:52 | 04:52 |
| As has already been mentioned, there’s a election coming up in the NT in August and these recent reports will only bring the statewide issue of incarceration rates to the fore. | As has already been mentioned, there’s a election coming up in the NT in August and these recent reports will only bring the statewide issue of incarceration rates to the fore. |
| A coalition of social services and community and legal organisations has called for both sides of politics in the state to address its justice crisis and last week publicised a wish list of six demands. Those are: | A coalition of social services and community and legal organisations has called for both sides of politics in the state to address its justice crisis and last week publicised a wish list of six demands. Those are: |
| In an interview with my colleague and Darwin correspondent Helen Davidson, John Adams, the general manager of the Jesuit Social Services in Alice Springs, said diversionary measures were of pivotal importance when it came to youth reoffending. | |
| He said, without a response that broke the cycle, quite often offending “escalates to a point where a custodial sentence is the only option”. | He said, without a response that broke the cycle, quite often offending “escalates to a point where a custodial sentence is the only option”. |
| Inconsistent funding and operation of youth services in the NT also disrupt social workers’ ability to build relationships with troubled youth and steer them back on track. | Inconsistent funding and operation of youth services in the NT also disrupt social workers’ ability to build relationships with troubled youth and steer them back on track. |
| You can read more about the Making Justice Work campaign here. | You can read more about the Making Justice Work campaign here. |
| Updated | Updated |
| at 5.15am BST | |
| 4.41am BST | 4.41am BST |
| 04:41 | 04:41 |
| “The majority of Australians have the privilege of never having to seriously ask ‘what if that was my child?’” | “The majority of Australians have the privilege of never having to seriously ask ‘what if that was my child?’” |
| Kathleen Heath calls for the end of youth detention centres in an opinion piece for Guardian Australia. | Kathleen Heath calls for the end of youth detention centres in an opinion piece for Guardian Australia. |
| 4.40am BST | 4.40am BST |
| 04:40 | 04:40 |
| Labor’s Malarndirri McCarthy, a NT senator, has vowed to do her bit to ensure that the royal commission is wide-ranging and has strong terms of reference, and that its subsequent recommendations are implemented. | Labor’s Malarndirri McCarthy, a NT senator, has vowed to do her bit to ensure that the royal commission is wide-ranging and has strong terms of reference, and that its subsequent recommendations are implemented. |
| The first step, she said, was to close the Don Dale facility – but high rates of incarceration, homelessness and suicide would be a focus of her work as a senator. | The first step, she said, was to close the Don Dale facility – but high rates of incarceration, homelessness and suicide would be a focus of her work as a senator. |
| McCarthy replaced Nova Peris, who resigned in May. | McCarthy replaced Nova Peris, who resigned in May. |
| Updated | Updated |
| at 4.44am BST | at 4.44am BST |
| 4.29am BST | 4.29am BST |
| 04:29 | 04:29 |
| The Australian Greens view John Elferink’s being stripped of the corrections portfolio as a sacking, and say it’s appropriate. | The Australian Greens view John Elferink’s being stripped of the corrections portfolio as a sacking, and say it’s appropriate. |
| Richard Di Natale, the party leader, says the royal commission must have wide terms of reference to determine the full extent of the problem in the NT and elsewhere in Australia. | Richard Di Natale, the party leader, says the royal commission must have wide terms of reference to determine the full extent of the problem in the NT and elsewhere in Australia. |
| He also called on Adam Giles to provide immediate assurances that there is no longer abuse going on in juvenile detention and that young people who have been traumatised under government supervision are being supported. | He also called on Adam Giles to provide immediate assurances that there is no longer abuse going on in juvenile detention and that young people who have been traumatised under government supervision are being supported. |
| (Giles did say in the press conference just before that he would be making contact with the children featured in the Four Corners report “to not only see where they’re at” but to interview them about the incidents of abuse. Dylan Voller, the child filmed strapped to the chair wearing a spit hood, is currently in an adult prison.) | (Giles did say in the press conference just before that he would be making contact with the children featured in the Four Corners report “to not only see where they’re at” but to interview them about the incidents of abuse. Dylan Voller, the child filmed strapped to the chair wearing a spit hood, is currently in an adult prison.) |
| Di Natale said detention should be the “option of absolute last resort for children” but rates were increasing in the NT, and particularly of Indigenous Australian youth. | Di Natale said detention should be the “option of absolute last resort for children” but rates were increasing in the NT, and particularly of Indigenous Australian youth. |
| The Greens spokeswoman on Aboriginal and Torres Strait Islander affairs, Senator Rachel Siewert, said there would be lifelong impacts on these young people. | The Greens spokeswoman on Aboriginal and Torres Strait Islander affairs, Senator Rachel Siewert, said there would be lifelong impacts on these young people. |
| “It is highly likely that this is not an isolated incident and reflects a culture of detention in the Northern Territory. It is no wonder that we don’t see progress in closing the gap in these circumstances.” | “It is highly likely that this is not an isolated incident and reflects a culture of detention in the Northern Territory. It is no wonder that we don’t see progress in closing the gap in these circumstances.” |
| Updated | Updated |
| at 4.31am BST | at 4.31am BST |
| 4.20am BST | 4.20am BST |
| 04:20 | 04:20 |
| That very lengthy press conference with Adam Giles, the NT chief minister, has just concluded. He did not diminish the horror of what was broadcast on Four Corners, nor shirk the responsibility and failure of corrections; in fact, as of now, he’s taken over that portfolio from John Elferink. | That very lengthy press conference with Adam Giles, the NT chief minister, has just concluded. He did not diminish the horror of what was broadcast on Four Corners, nor shirk the responsibility and failure of corrections; in fact, as of now, he’s taken over that portfolio from John Elferink. |
| (Elferink remains the state’s attorney general and its justice minister and its children and families minister and its health minister and its disability services minister and its mental health services minister – so it’s by no means a sacking, as many called for.) | (Elferink remains the state’s attorney general and its justice minister and its children and families minister and its health minister and its disability services minister and its mental health services minister – so it’s by no means a sacking, as many called for.) |
| But Giles did say that much of the Four Corners report was news to him, including that shocking footage of Dylan Voller strapped to the chair with a spit hood over his face. The police commissioner, Reece Kershaw, said the same. | But Giles did say that much of the Four Corners report was news to him, including that shocking footage of Dylan Voller strapped to the chair with a spit hood over his face. The police commissioner, Reece Kershaw, said the same. |
| Media grilled the two of them over that assertion pretty intensely – given it was reportedly referred to by the former children’s commissioner, Howard Bath, in his investigation into that incident two years ago. | Media grilled the two of them over that assertion pretty intensely – given it was reportedly referred to by the former children’s commissioner, Howard Bath, in his investigation into that incident two years ago. |
| Several journalists pointed out that much of what the Four Corners investigation showed wasn’t new and had been widely been reported by both media and government-appointed investigators. | Several journalists pointed out that much of what the Four Corners investigation showed wasn’t new and had been widely been reported by both media and government-appointed investigators. |
| Even the “culture of cover-up”, to which Giles referred repeatedly by way of explanation, has been repeatedly cited as a factor in reports about the abuse of youth in detention. | Even the “culture of cover-up”, to which Giles referred repeatedly by way of explanation, has been repeatedly cited as a factor in reports about the abuse of youth in detention. |
| Updated | Updated |
| at 4.25am BST | at 4.25am BST |
| 4.14am BST | 4.14am BST |
| 04:14 | 04:14 |
| Paul Karp | Paul Karp |
| Liberal MP and former Australian Human Rights Commissioner, Tim Wilson, told Guardian Australia the Don Dale royal commission should be “as broad as it needs to be to get to the bottom of cultural issues in detention” and should “make sure no stone is left unturned”. | Liberal MP and former Australian Human Rights Commissioner, Tim Wilson, told Guardian Australia the Don Dale royal commission should be “as broad as it needs to be to get to the bottom of cultural issues in detention” and should “make sure no stone is left unturned”. |
| Wilson said there was both the “very specific issue of the evidence of how some people have been treated [in Don Dale]” and the broader issue of the very high percentage of Aboriginal and Torres Strait Islanders in Northern Territory prisons. | Wilson said there was both the “very specific issue of the evidence of how some people have been treated [in Don Dale]” and the broader issue of the very high percentage of Aboriginal and Torres Strait Islanders in Northern Territory prisons. |
| Indigenous youths are over 24 times more likely to be in detention than non-Indigenous youths. In the NT, 98 per cent of youth detainees are Indigenous. | Indigenous youths are over 24 times more likely to be in detention than non-Indigenous youths. In the NT, 98 per cent of youth detainees are Indigenous. |
| Wilson said the broader pattern of Aboriginal incarceration might need to be dealt with separately to the royal commission, but he would take counsel on that before forming a settled view. | Wilson said the broader pattern of Aboriginal incarceration might need to be dealt with separately to the royal commission, but he would take counsel on that before forming a settled view. |