Commission reports raising ICCPR Article 10
Commission - General
This page is intended to provide easier access to reports responding to complaints under the ºÚÁÏÇ鱨վ Act which raise ICCPR Article 10 issues. All AHRCA reports are also found on our general reports page.
- No 56 - Sri Lankan refugees v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
Detention of asylum seekers with adverse security assessments – detention disproportionate to Commonwealth’s objectives; lack of recourse to review of detention; inadequate conditions of detention; detention of children
Human rights considered: ICCPR Articles 9.1, 9.4, 10.1, 14.1, 17.1, 23.1; CRC Articles 3.1, 37(b) - No 55 - BZ and AD v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
Permitting questioning by Chinese officials without adequate safeguards; immigration detention of children; conditions of detention
Human rights considered: ICCPR Articles 9.1; 10; 17.1; CRC Articles 16.1; 37(b), 37 - No 51 - Brown v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
Detention of unaccompanied female disproportionate to Commonwealth’s objectives; inappropriate conditions; separation from family
Human rights considered: ICCPR Articles 9.1, 10.1, 17.1, 23.1.
- No. 46 - Yousefi family v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
Cruel, inhuman or degrading treatment; detention disproportionate to Commonwealth’s objectives; best interests of child and right to care and protection; access to health care and education
Human rights considered: ICCPR Articles 7, 9, 10; CRC Articles 3.1, 3.2, 24.1, 28.1, 37(a), 37(c) - No. 41 - El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Three months delay in identifying detainee as entitled to release; detention of mentally ill man in inappropriate facility; unlawful and mistaken taking back into detention by force found to breach human rights. Complaints rejected regarding interference with family rights.
Human rights considered: ICCPR Articles 9.1; 10.1; 17.1; 23.1 - No. 40 - Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2009)
Complaints regarding interviews organised by DIAC of detainees by Chinese officials upheld in part: interviews not a breach per se but breaches in failure to ensure adequate safeguards
Human rights considered: ICCPR Articles 10.1, 17.1 - No. 39 - Report of Complaint by Mr Huong Nguyen and Mr Austin Okoye Against the Commonwealth of Australia and GSL (Australia) Pty Ltd (2008)
Multiple breaches of human rights found by contractors and Commonwealth regarding inappropriate vehicle and arrangements for transfer between detention centres; lack of consideration of family ties in Melbourne before transferring away;
Human rights considered: ICCPR Articles 10.1, 13, 14.1, 17.1, 23.1 - No. 36 - Report of Ms CD's human rights at the Curtin Immigration Reception and Processing Centre (2006)
Unsafe place of detention for woman and her daughter
Human rights considered: ICCPR Article 10.1 - No. 35 - Report of an inquiry into a complaint by Mr AV of a breach of his human rights while in immigration detention (2006)
Use of force on detainee
Human rights considered: ICCPR Articles 7, 10 - No 31 - Report of an inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, Consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia (2005)
Detention on board fishing vessels found in breach of right of detainees to humane conditions
Human rights considered:ICCPR Article 10.1 - No. 28 - Report of an inquiry into complaints by immigration detainees concerning their detention at the Curtin Immigration Reception and Processing Centre (2005)
Complaint of breach of freedom of religion not upheld. Complaints of breach of ICCPR Article 10.1 through excessive periods of separation detention and consequent retrictions upheld in some cases; rejected in others where period of separation detention found proportionate to legitimate objectives.
Human rights considered:ICCPR Articles 10.1, 18 - No. 24 - (2002)
Period of detention in segregation facility within detention centre found arbitrary; conditions of detention in segregation facility found to breach article 10.1. Relevant European Court and Human Rights Committee decisions considered.
Human rights considered: ICCPR Articles 9., 10.1 - No. 23 - Report of an inquiry into a complaint by Mr Hassan Ghomwari concerning his immigration detention and the adequacy of the medical treatment he received while detained (2002)
Breaches of human rights found in inadequate medical treatment while detained in jail and in not being treated differently from convicted inmates.
Human rights considered: ICCPR Articles 10.1, 10.2 - No. 18 - Report of an inquiry into a complaint by Mr Duc Anh Ha of acts or practices inconsistent with or contrary to human rights arising from immigration detention (2002)
Conditions of detention in State prison found to breach human rights
Human rights considered: ICCPR Articles 10.1, 10.2 - No. 16 - Report of an inquiry into a complaint by Mr Hocine Kaci of acts or practices inconsistent with or contrary to human rights arising from immigration detention (2002)
Detainee transferred to State prison following unacceptable behaviour. Complaints of arbitrary detention and breach of right to be treated with dignity and humanity: not upheld. Berach found of right to be treated separately from convicted persons.
Human rights considered: ICCPR Articles 9.1, 10.1, 10.2(a) - No. 15 Report of an inquiry into a complaint by Ms Elizabeth Ching concerning the cancellating of her visa on arrival in Australia and subsequent mandatory detention (2002)
Lack of effective opportunity to respond to proposed visa cancellation; conditions of detention in prison pending deportation
Human rights considered: ICCPR Articles 10.1, 10.2, 13 - No. 12 Report of an inquiry into human rights in an Immigration Detention Centre (2000) Qing & Fei v. Department of Immigration and Multicultural Affairs
Access to legal advice; response to requests for refugee application and assistance; arbitrary detention; separation detention
Human rights considered: ICCPR Articles 9.1, 10.1 - No. 5 (1997)
Human rights considered:
• General right of non-discrimination (ICCPR Article 2)
• the right not to be subjected to cruel, inhuman or degrading treatment or punishment (ICCPR Article 7)
• the right to liberty and security of the person and not to be subjected to arbitrary arrest or detention (ICCPR Article 9)
• the right that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the person (ICCPR Article 10(1))
• the right not to be subjected to arbitrary or unlawful interference with privacy (ICCPR Article 17)
• the right to freedom of thought, conscience and religion (ICCPR Article 18(1))
• the right to be equal before the law (ICCPR Article 26)
• the right of the child to have his or her best interests given primary consideration (CRC Article 3(1))
• the right of the child to freedom of thought, conscience and religion (CRC Article 14)
• the right of the child to be protected from all forms of physical or mental abuse (CRC Article 19)
• the right of the refugee child to protection (CRC Article 22)
• the right of the child to the highest attainable standard of health (CRC Article 24)
• the right of the child to education (CRC Article 28)
• the right of the child seeking refugee status to receive appropriate protection and humanitarian assistance (CRC Article 22)
• the right of the child to participate in recreation and cultural life (CRC Article 31)
• the right of the child to liberty and not to be subjected to arbitrary detention (CRC Article 37)