UN Recommendations pursuant to the submission of the DICWC(WA) WA Prison Torture Report (Cox, 2000) to the UPR in 2000

UN RECOMMENDATIONS:  That State party –
 
1. Ensure that all states and territories are at all times in compliance with its obligations under the Convention.

2. Consider the desirability of providing a mechanism for independent review of ministerial decisions in respect of cases coming under article 3 of the Convention.

3. Continues education and information efforts for law enforcement personnel regarding the prohibition against torture, and improves further its efforts in training, especially of police, prison officers and prison medical personnel.

4. Keep under constant review the use of instruments of restraint that can cause unnecessary pain and humiliation, and ensure that their use is appropriately recorded.

5. Ensure that all complainants are protected against intimidation and adverse consequences as a result of their complaint.

6. Continue its efforts to reduce overcrowding in prisons.

7. Continue its efforts to address the socio-economic disadvantage that inter alia leads indigenous Australians to come disproportionately into contact with the criminal justice system.

8. Keep under careful review legislation imposing mandatory minimum sentences, to ensure that it does not raise questions of compliance with its international obligations under the Convention and other relevant international instruments, particularly with regards to the possible adverse effect upon disadvantaged groups.

9. Is invited to submit its next periodic report by November 2004, and to ensure that it contains information on the implementation of the present recommendation and disaggregated statistics.
UN CONCERNS: 1. The apparent lack of appropriate review mechanisms for ministerial decisions in respect of cases coming under Article 3 of the convention.

2. Use of instruments of physical restraint that may cause un-necessary pain and humiliation by prison authorities.

3. Allegations of excessive use of force or degrading treatment by police forces and prison guards,

4. Allegations of intimidation and adverse consequences faced by inmates who complain about their treatment in prisons,
5. Legislation imposing mandatory minimum sentences which has allegedly had a discriminatory effect regarding indigenous population including women and juveniles), who are over-represented in state.