'Under International law, it is considered torture if detainees are in solitary confinement for more than 15 days in a row. They need to be able to manage these children in way that does not offend International laws.'
Families of three Aboriginal youth detained in the Banksia Hill Detention Centre in Western Australia have come forward with allegations that their children may have been detained in conditions that breach International law and standards, classed as torture or cruel, inhuman or degrading treatment.
One young detainee alleges being kept in solitary confinement for 23 hours of the day during May to August in 2017.
The allegations include youth being handcuffed when out of their cells and being fed through a grill in the door of their cell.
Indigenous Rights Manager Tammy Solenec says Amnesty International Australia are asking the West Australian government to close the Harding Unit at Banksia Hill, pending an investigation.
Amnesty report that they have not received a formal response from the state government regarding an investigation, although reports in the media state that Corrective Services Commissioner Tony Hassell denied the torture allegation but said there would be an examination.
"That report was harrowing. We want those recommendations to be taken seriously, the government is working with the inspector to deal with those issues, our concern is that the current issues have occurred after his report."
In June 2017 The Office of Inspector of Custodial Services released a report last year on the Behaviour Management Practices of Banksia Hill after serious concerns regarding the findings on the use of spit hoods, solitary confinement, alleged sexual assault, and high rates of self-harm and attempted suicide in the centre.
Indigenous Rights Manager Tammy Solenec says the recommendations from the report are a good model and these allegations have occurred after this report was handed down between May and August in 2017.
"That report was harrowing. We want those recommendations to be taken seriously, the government is working with the inspector to deal with those issues and our concern is that the current issues have occurred after his report."
Tammy says there are concerns for the young people's developing brains, with one of the boys allegation's citing he had been in solitary confinement for over 250 hours.
"We know that this oversight is coming but it’s not quick enough for our kids. We want to make sure a that every child is looked after now.
Under International Law, solitary confinement is considered 23 hours a day in cell. The allegations Amnesty have just received include boys being given 10 minutes out of their cell and strip searched as part of management procedures.
Tammy Solenec says 'Under International law, it is considered torture if detainees are in solitary confinement for more than 15 days in a row. They need to be able to manage these children in way that does not offend International laws.'
The National oversight is that Australia has agreed to ratify the Optional Protocol to the Convention Against Torture (OPCAT) which will allow UN inspectors to ensure that all places of detention across Australia comply with the conventions against torture .
"That ratification takes time, they’ve got three years for preventative mechanisms to be put in place.
"We know that this oversight is coming but it’s not quick enough for our kids. We want to make sure a that every child is looked after now," Tammy says.
