Friends,

Am I looking forward to this or what?  Our Barrister (ex Nelson Mandela 
report Author) and our Chair 'phoned me today from Geneva to say that our 
submission by him and our Chair (Murray Jones, a Ballardong Nyungar Man) 
had been so well received by the Chair of the Committee that he commented 
that it was the "best" his committee had ever received.

What a claim to shame....

Please let me know if you'd like a copy, some 100+ pages (880k), in Word 
.rtf format and I'll email it as an attachment on request.
===================================================
media release

DEATHS IN CUSTODY WATCH COMMITTEE (WA) Inc.

207 BEAUFORT ST PERTH WESTERN AUSTRALIA 6000
PO Box 8196 Perth WA 6849

Tel:  61(0)8 9227-5751 Mobile:  041993-0375  Fax: 61(0)8 9227-5593

E-mail: [EMAIL PROTECTED] URL:http://www.deathsincustody.com/

                                    Thursday 16 November 2000

 UNITED NATIONS HEAR CLAIMS OF TORTURE IN WA PRISONS

Kath Mallott, Executive Officer of the Deaths in Custody Watch Committee
announced today that the Watch Committee has submitted a report to the
United Nations Committee Against Torture, which is examining the Australian
Government's report today.

"We are calling on the Committee Against Torture to question the Australian
Government about violations of the Convention Against Torture in West
Australian prisons and to appoint an inquiry into prisoner's claims of
torture and other cruel, inhuman, degrading treatment," she said.

Chair of Deaths in Custody Watch Committee (WA), Murray Jones, and author 
of the report Mark Cox are in Geneva presenting evidence in the form of 
victim and witness statements, photographs, doctors' reports and prison 
reports.

The report provides substantial evidence that in WA prisons there are
frequent violations of Articles 1 (torture) and 16 (cruel, inhuman,
degrading punishment or treatment) of the Convention.  There is evidence of
the unr easonable and unnecessary use of force, excessive and improper use
of physical restraint by chemical spray, shackles, hobbles, handcuffs, and 
a full-body restraint bed.

"Peter Foss needs to go interstate and take a look at how other prison
systems manage without resorting to the very crude and inhuman approaches 
to managing prisoners in WA," she said.

Included in the report are allegations of the forced medication and 
sedation of prisoners, excessive and unreasonable use of isolation; misuse 
of "Medical Observation", Special Handling Unit and administrative 
isolation cells for punitive purposes.  Of particular concern is the 
absence of due process, natural justice, and adequate, fair, impartial, and 
independent investigation of inmates' complaints.  An obvious omission from 
Australia's  report is reference to the inadequate incorporation into 
criminal law and  regulation of the prohibition on torture and cruel, 
degrading, and inhuman treatment. 

The Smith Report, which investigated the Casuarina riot, found that the
Offender Management Division of the Ministry has been dysfunctional for a
long time and the Ombudsman has reported dramatic increases in prisoners' c
omplaints of abuses.  

"Despite all the evidence, the West Australian Government has to date been
in complete denial of violent abuses of prisoners which occur with
systematic frequency in prisons and is unwilling to address the crisis.  We
are renewing our call for a full judicial inquiry headed by a senior 
judge," explained Kath Mallott. 

Media Contacts: Perth: Kath Mallott, Ph: (08)9227-5751,Mob: 0419930375  
            Geneva: Mark Cox, Author, Ph:  001141227316250
                Email: [EMAIL PROTECTED]
                Murray Jones,    Chair,   Ph:  001141227316250

=======================================================================

Deaths In Custody Watch Committee (WA) Inc

Media Representatives

You are invited to the launch of a Report to The United Nations Committee
Against Torture (UNCAT) by the Deaths In Custody Watch Committee (WA) Inc.

The Committee Against Torture is examining Australia's compliance with the
Convention against torture, cruel, inhuman or degrading treatment or
punishment of prisoners. 

Today's event will coincide with the presentation of our report to the
United Nations in Geneva.


Where:  Aboriginal Advancement Council, (Above the Gallery)
         201 Beaufort St Perth 

When:         Friday 17th November 2000 at 10:30am

Who:          A panel of committed and active people, both 
           Indigenous and non-Indigenous, including 
           Sir Ronald Wilson, will be at the launch.

RSVP:   Phone 92275751
Fax 92275593, 
Email [EMAIL PROTECTED]

===========================================================

Objectives of this Report

1.   To bring the attention of the Committee Against Torture to systematic
and individual cases of violations of Australia's obligations under the
Convention Against Torture in WESTERN AUSTRALIA prisons and other places 
of detention.

2.   To identify violations of the Convention in WESTERN AUSTRALIA's places
of detention by reference to primary materials in the form of statements by
victims and witnesses, medical and other reports, photographs, videos , and
by reference to secondary materials in the form of reports of governmental
agencies and other organisations. 

3.   To demonstrate contradictions, inadequacies and omissions in
Australia's First, Second and Third Reports to the Committee.

4.   To have questions put to the Australian representative by the 
Committee regarding:

a.   regulation and criminalisation of torture and cruel, inhuman and
degrading punishment in WESTERN AUSTRALIA;

b.   treatment of detained persons, mechanisms for grievances, monitoring
conditions and training of prison staff in WESTERN AUSTRALIA, and

c.   the full implementation of the recommendations of the Royal Commission
of Inquiry into Aboriginal Deaths in Custody (1991), The Smith Report on 
the Incident at Casuarina on Christmas Day 1998 (19 March 1999), The 
Nevill Report (29 June 2000) and the WESTERN AUSTRALIA 
Ombudsman's Prisons Report (begun in early 1998 but not yet publicly 
available);

5.  To seek recommendations and actions by the Committee, including 
designating members of the Committee to make an inquiry, pursuant to 
Article 20 of the Convention aimed at:

a.   ensuring adequate adoption and incorporation into domestic State law 
of the prohibitions and requirements of the Convention;

b.   comprehensively investigating, monitoring and resolving individual and
systematic violations of the Convention and other UN instruments in respect
of detained people in WESTERN AUSTRALIA, and

c.  implementing the various recommendations referred to in 4.c. 
above.

=======================================================


Research/Project Officer    ~     DICWC     ~     Jim Duffield

"The beginning of the cause of deaths in custody does not occur 
within the confines of police and prison cells or in the minds 
of the victims. Initially it starts in the minds of those who 
allow it to happen." - Elder, the late Dr. Jack Davis AO, BEM 

http://www.deathsincustody.com ~ [EMAIL PROTECTED]

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