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Children in solitary confinement: we must stop treating kids in the system like adults Children in solitary confinement: we must stop treating kids in the system like adults
(25 days later)
The images on Four Corners on Monday have shocked the country. They revealed extreme abuse being inflicted on detainees, in a systematic way. This was not a case of one corrections officer doing the wrong thing. This was a case of practices that were clearly accepted by a number of officers, known about by more, and tolerated, if not sanctioned, by the corrections system itself.The images on Four Corners on Monday have shocked the country. They revealed extreme abuse being inflicted on detainees, in a systematic way. This was not a case of one corrections officer doing the wrong thing. This was a case of practices that were clearly accepted by a number of officers, known about by more, and tolerated, if not sanctioned, by the corrections system itself.
As politicians scramble to deny knowledge that this went on, we are left with the devastating question of how was this allowed to happen.As politicians scramble to deny knowledge that this went on, we are left with the devastating question of how was this allowed to happen.
It is very clear that the factors which form the prerequisite elements for this type of conduct exist beyond the Don Dale Detention Centre and beyond the Northern Territory. The question is will other jurisdictions learn the lessons that will come out of this crisis?It is very clear that the factors which form the prerequisite elements for this type of conduct exist beyond the Don Dale Detention Centre and beyond the Northern Territory. The question is will other jurisdictions learn the lessons that will come out of this crisis?
Claims from the WA authorities that restraints and solitary confinement are rarely used within the WA juvenile corrections system are simply false. Solitary confinement, isolation, segregation, separate confinement, or administrative segregation are all terms used to broadly describe a form of confinement where a prisoner or detainee is held alone in a cell from 22 to 24 hours a day.Claims from the WA authorities that restraints and solitary confinement are rarely used within the WA juvenile corrections system are simply false. Solitary confinement, isolation, segregation, separate confinement, or administrative segregation are all terms used to broadly describe a form of confinement where a prisoner or detainee is held alone in a cell from 22 to 24 hours a day.
Related: NT government taking legal action against boys allegedly abused in juvenile detention
This practice of holding children for long periods of time alone is extensively used in the WA juvenile detention system. Detainees can be held in confinement for punishment for an offence committed while in detention, or for regression; a regime used for the “good order and security” of the prison.This practice of holding children for long periods of time alone is extensively used in the WA juvenile detention system. Detainees can be held in confinement for punishment for an offence committed while in detention, or for regression; a regime used for the “good order and security” of the prison.
With confinement for a detention offence, the legislative requirements are firm, clear and readily accessible. The Young Offenders Act (WA) provides very clear and detailed formal procedures, requirements as to proof, and limitations on the extent of punishment. With confinement for good order and security, the procedures are less clear and less accountable. Unlike with detention offence charges, there is no requirement to put the reason for the confinement in writing, the detainee does not get the reason in writing, and there is no hearing.With confinement for a detention offence, the legislative requirements are firm, clear and readily accessible. The Young Offenders Act (WA) provides very clear and detailed formal procedures, requirements as to proof, and limitations on the extent of punishment. With confinement for good order and security, the procedures are less clear and less accountable. Unlike with detention offence charges, there is no requirement to put the reason for the confinement in writing, the detainee does not get the reason in writing, and there is no hearing.
Under this type of confinement, the detainee has less legal protections and this situation is exploited by juvenile corrections which routinely put children in regression confinement, sometimes for weeks or even months at a time.Under this type of confinement, the detainee has less legal protections and this situation is exploited by juvenile corrections which routinely put children in regression confinement, sometimes for weeks or even months at a time.
There is unequivocal evidence that solitary confinement has a profound impact on the psychological and physical health and wellbeing of a detainee, particularly for those with pre-existing mental health disorders. It can amount to torture or cruel, inhumane or degrading treatment or punishment.There is unequivocal evidence that solitary confinement has a profound impact on the psychological and physical health and wellbeing of a detainee, particularly for those with pre-existing mental health disorders. It can amount to torture or cruel, inhumane or degrading treatment or punishment.
Both Western Australia and the Northern Territory have governments that campaign on a platform of law and order, which creates a culture which excuses the actions of corrections officers. Add to that recent Northern Territory legislation which increases the power of corrections officers to restrain detainees and you have a clear cultural foundation for mistreatment and abuse.Both Western Australia and the Northern Territory have governments that campaign on a platform of law and order, which creates a culture which excuses the actions of corrections officers. Add to that recent Northern Territory legislation which increases the power of corrections officers to restrain detainees and you have a clear cultural foundation for mistreatment and abuse.
One of the major contributing factors to the culture of punishment and abuse is the failure to see the detainees as children. Children have special rights, because of their vulnerabilities. The Australian government has agreed to provide Australian children special protections; this is what we signed up for by ratifying the Convention on the Rights of the Child.One of the major contributing factors to the culture of punishment and abuse is the failure to see the detainees as children. Children have special rights, because of their vulnerabilities. The Australian government has agreed to provide Australian children special protections; this is what we signed up for by ratifying the Convention on the Rights of the Child.
The Convention requires that every child accused of or recognised as having broken the law are to be treated in, “a manner consistent with the promotion of the child’s sense of dignity and worth … which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”The Convention requires that every child accused of or recognised as having broken the law are to be treated in, “a manner consistent with the promotion of the child’s sense of dignity and worth … which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”
Surely this is no less than we would expect of our juvenile corrections system.Surely this is no less than we would expect of our juvenile corrections system.
Most importantly, it contains a sentiment that is echoed in the legislation of many Australian jurisdictions, if not in practice: that is that children who break the law should be treated in a way that supports their rehabilitation and never more harshly than adults.Most importantly, it contains a sentiment that is echoed in the legislation of many Australian jurisdictions, if not in practice: that is that children who break the law should be treated in a way that supports their rehabilitation and never more harshly than adults.
Instead, Australian jurisdictions are moving more and more to structures that treat children as adults. In NT and WA as well as other jurisdictions, what used to be separate juvenile corrections departments with staff specialised in the area have been subsumed under the adult corrections departments and staffed with people with little or no juvenile experience.Instead, Australian jurisdictions are moving more and more to structures that treat children as adults. In NT and WA as well as other jurisdictions, what used to be separate juvenile corrections departments with staff specialised in the area have been subsumed under the adult corrections departments and staffed with people with little or no juvenile experience.
In a recent case in WA which challenged the transfer of male juvenile detainees to a facility within an adult prison, not one witness from the Department of Corrections dealing with the juvenile offenders had the requisite experience with juvenile corrections.In a recent case in WA which challenged the transfer of male juvenile detainees to a facility within an adult prison, not one witness from the Department of Corrections dealing with the juvenile offenders had the requisite experience with juvenile corrections.
This move has been supported by changes in legislation which hold children responsible to the adult standard, allow the imposition of adult sentences and incarceration in adult facilities. All of these developments are surrounded by claims that young people are becoming more violent, but it misses the point that even a child engaging in reckless and violent behaviour has the right to be treated in a way that supports their development.This move has been supported by changes in legislation which hold children responsible to the adult standard, allow the imposition of adult sentences and incarceration in adult facilities. All of these developments are surrounded by claims that young people are becoming more violent, but it misses the point that even a child engaging in reckless and violent behaviour has the right to be treated in a way that supports their development.
Harsher penalties and treatment will have little effect on a young person whose behaviour is driven by deep seated trauma and deprivation. Worse still, treatment that does not respect their human rights simply reinforces the message that society does not rest on a bed of mutual respect but on a hierarchy where violence and abuse wins the day.Harsher penalties and treatment will have little effect on a young person whose behaviour is driven by deep seated trauma and deprivation. Worse still, treatment that does not respect their human rights simply reinforces the message that society does not rest on a bed of mutual respect but on a hierarchy where violence and abuse wins the day.
How can we expect these kids to respect the rule of law when those around them, in positions of authority, do not?How can we expect these kids to respect the rule of law when those around them, in positions of authority, do not?
Related: Profile: NT inquiry head Brian Martin is no stranger to the toughest cases
Far from rehabilitation, detention of young people in these systems does the exact opposite. It compounds existing trauma, strips them of dignity and demonstrates that the legal system offers no protections to them. Little wonder then that some come out of detention with less life prospects and a higher propensity for violence and criminal behaviour.Far from rehabilitation, detention of young people in these systems does the exact opposite. It compounds existing trauma, strips them of dignity and demonstrates that the legal system offers no protections to them. Little wonder then that some come out of detention with less life prospects and a higher propensity for violence and criminal behaviour.
Harsher and harsher penalties have little effect because the system itself is pushing them further and further into a corner, from which they cannot realise their full potential and take their place as a valued member of the broader community.Harsher and harsher penalties have little effect because the system itself is pushing them further and further into a corner, from which they cannot realise their full potential and take their place as a valued member of the broader community.
The actions of corrections officers in the Northern Territory may be an extreme example, but juvenile justice systems across the country brutalise and diminish the detainees they have in their care.The actions of corrections officers in the Northern Territory may be an extreme example, but juvenile justice systems across the country brutalise and diminish the detainees they have in their care.
We have lost our way because we have forgotten that children are entitled to special protections, even those children who behave badly, who are violent or criminal. At the very least we must treat them with respect and in recognition of their inherent dignity.We have lost our way because we have forgotten that children are entitled to special protections, even those children who behave badly, who are violent or criminal. At the very least we must treat them with respect and in recognition of their inherent dignity.