All prison staff need training, says the ACT Human Rights Commission, after the ACT Supreme Court found on Thursday that the human rights of a female detainee had been seriously breached.
The court found that actions taken against Julianne Williams while she was detained in the Alexander Maconochie Centre breached her human rights. These included the use of force against her, an attempted strip search and an actual strip search.
The court found that these actions were taken against an Aboriginal woman with a background of trauma, who was in state of extreme distress following the AMC’s refusal to allow her to attend her grandmother’s funeral.
The Human Rights Commission says in a media statement that it has been concerned for many years that the obligation to protect and promote detainees’ human rights had become a secondary concern in the AMC.
It has now called on the ACT government to immediately implement a comprehensive, ongoing human rights education and training package for all employees in the AMC.
The Commission had intervened as a party in the case and made extensive written submissions and oral arguments regarding the nature and content of the relevant human rights involved.
In a media statement the Commission says: “The rights of detained people are enshrined in the ACT Human Rights Act.
“The Act says that anyone deprived of liberty must be treated with humanity and with respect for their inherent dignity; and that no-one may be treated or punished in a degrading way.
“These are not aspirations. They are binding legal obligations to which all public authorities in the ACT must adhere.
“How we treat those in prison reflects on our society, and ill-treatment of detained persons may impede their ability to function as members of our community once they return, as most will, to the community.
The court found that breaches of human rights in Ms Williams’ case were due to a variety of factors, including a misunderstanding of obligations and the policies involved.
The court commented that “those who are applying the policies and their requirements daily need all the support they can get from those who lead them, the detainees they manage and the community they protect”.
ACT Human Rights Commissioner Dr Pene Mathew said: “Given the court’s findings, we now call on the ACT government to immediately fund and implement a comprehensive, ongoing human rights education and training package for all employees in the AMC, with particular emphasis on regular compulsory human rights training for those in leadership and management positions.”
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