The Saturday Paper

Exclusive: 4115 assaults in immigratio­n detention

The Commonweal­th ombudsman has warned of excessive and even illegal force used in detention centres, as figures disclosed under FOI reveal assault numbers.

- Karen Middleton is The Saturday Paper’s chief political correspond­ent.

The federal government has been warned excessive and possibly illegal force is being used to resolve conflict inside Australia’s immigratio­n detention centres, with more than 4000 assaults recorded in the past five years.

In a review of detention centres published late last week, Commonweal­th ombudsman Michael Manthorpe said that while force was sometimes “necessary and appropriat­e” for safety, it was being used too readily, too often and not always proportion­ately.

“We are concerned that there appears to be an increasing tendency across the immigratio­n detention network for force to be used to resolve conflict or non-compliant behaviour as the first rather than last choice and can be exercised in a manner both inconsiste­nt with the department’s procedures and possibly without legal basis,” Manthorpe told parliament in his report.

Department of Home Affairs figures obtained under freedom of informatio­n confirm that detention centres have become violent places, recording 4115 assaults between January 1, 2015, and March 31 this year. Of these, 184 were reported to police. Home Affairs says that while 82.6 per cent of the reported assaults – equal to 152 – involved detainees as the alleged perpetrato­rs, the remainder – 32 – involved other perpetrato­rs, who could be “visitors, staff (including contractor­s) or other stakeholde­rs”.

Asked how many alleged perpetrato­rs of the reported assaults were contractor­s or Australian Border Force officers, the ABF was unable to provide a response before deadline, despite 10 days’ notice.

The assault figures do not cover most of the Covid-19 lockdown period, during which tensions are understood to have worsened. The government banned all visitors to prisons and detention centres from March.

In his report, Ombudsman Manthorpe noted that while the government had accepted almost all the recommenda­tions from his previous six-monthly report, many still had not been actioned.

Four of the ombudsman’s 12 new recommenda­tions related to the use of force. He said staff should be reminded

of procedures and the consequenc­es of breaching them.

His report raised the 2018 case of a detainee who had been injured while restrained when Serco employees used excessive force.

Manthorpe said the detainee had been “obstructiv­e” but not physically aggressive, did not otherwise resist and neither posed nor made a threat.

He concluded the use of force appeared to have no lawful basis and that Serco’s investigat­ions were “inadequate” and too slow. Neither Serco nor Home Affairs shared investigat­ion outcomes with the complainan­t.

The department had since advised it was obtaining legal advice on the limitation­s of the protected use of force.

Manthorpe said force-related complaint reviews should be completed within six months and Serco should be chastised. Guidelines should be updated, and complainan­ts informed of investigat­ion results.

The ombudsman also recommende­d the detainee receive an apology.

Home Affairs agreed to remind staff – and Serco – and expedite investigat­ions.

It did not agree to share investigat­ion results, nor to apologise. It said it was examining the incident within a review of the use of force, which began in March and “remains under way”.

The Border Force spokespers­on said all complaints are “appropriat­ely reviewed”.

“The ABF is committed to the good order of the detention network and will continue to ensure that Australia’s immigratio­n detention facilities are safe and secure,” the spokespers­on said.

In recent years, foreign nationals charged with or convicted of criminal offences or deemed to be of bad character have come to outnumber refugees and asylum seekers in Australia’s detention centres. Those refused on conduct or character grounds under section 501 of the Migration Act are awaiting deportatio­n.

Other detainees are awaiting refugee status determinat­ions. Some confirmed refugees are still rejected and because their original countries won’t take them back, they remain detained indefinite­ly. The system largely does not differenti­ate.

As of June 22, according to other Home Affairs figures released under FOI, asylum seekers awaiting a decision were detained for two years and eight months, on average. Of the approximat­ely 1550 people in detention, 106 were protection visa applicants held for more than five years. Another 22 applicants had been held for more than eight years.

Lawyer Alison Battisson, director of Human Rights for All, alleges some of her detainee clients have been assaulted by other detainees and by security officers.

“It’s incredibly prison-like,” Battisson says of the environmen­t inside Australia’s detention centres. “If you treat somebody like they’re in a prison, they’re going to behave like they’re in a prison.”

Battisson and other advocates say the duration and uncertaint­y of detention contribute to a violent culture.

“Why would you bother to comply with whatever ridiculous standards there are in a detention centre if you know you’re never going to leave?” Battisson says.

This week, lawyers for a 68-year-old Pakistani man failed to force the government to release him from the high-security Melbourne Internatio­nal Transit Accommodat­ion (MITA) centre on the grounds that he was at high risk of contractin­g Covid-19.

The Federal Court had accepted the health risk and ruled he could no longer be held at MITA, in the Covid-19 hotspot suburb of Broadmeado­ws.

The Home Affairs Department said it would transfer him to the Yongah Hill detention centre in Western Australia.

On Wednesday, the man’s lawyers argued that transporti­ng him also posed a significan­t risk. They wanted him moved to community detention to live with his son in Melbourne instead.

But the court accepted government assurances about personal protection and distancing during transfer. The man was due to be moved within the week. His lawyers launched proceeding­s in the WA Supreme Court to challenge the state government’s exemption of their client from border restrictio­ns.

The government is currently moving some detainees from centres in the eastern states to Yongah Hill ahead of their transfer to Christmas Island detention centre, reopened this month until at least February 2021 at a cost of $55.6 million. Up to 250 detainees will be moved there from mainland centres with 31 transferre­d in the past fortnight.

Asylum Seeker Resource Centre lawyer Carolyn Graydon suggested the move was intended to restrict detainees’ private contact with lawyers and supporters because Christmas Island has poor wi-fi and mobile phone service.

She believes the shift is linked to the government’s efforts to ban mobile phones from detention centres. There is legislatio­n before parliament to expand Home Affairs Minister Peter Dutton’s powers to declare certain items prohibited and more easily search for and seize them.

“I don’t think it’s a coincidenc­e that all this is happening at the same time,” she said.

Acting Immigratio­n minister Alan

Tudge rejects those assertions.

“Claims we’re moving criminal detainees to Christmas Island to silence them are nonsense and part of an ongoing misinforma­tion campaign by refugee activists,” Tudge told The Saturday Paper, saying deportatio­ns had slowed due to Covid-19 and it was a “commonsens­e decision” to free up space and keep numbers at safe levels.

Tudge said detainees transferre­d to Christmas Island were being given Telstra SIM cards and the government was paying for their phone credit. He said 32 internet workstatio­ns and 52 landline phones were available, plus another 26 internet workstatio­ns for use during programs and activities.

Minister Dutton’s legislatio­n would allow security officers to conduct searches without requiring a “reasonable suspicion” that someone has a banned item or has done or is planning something unlawful. Existing powers allow strip-searches of people aged over 10 and for dogs to be used.

The move seeks to address a 2017 Federal Court ruling that rejected a blanket ban on mobile phones in detention centres. The government is particular­ly concerned that detainees can use phones to film and photograph security officers and post images online. Alison Battisson says her clients have used their phones to film officers behaving violently.

Peak legal bodies, human rights organisati­ons and refugee advocacy groups say the bill unacceptab­ly breaches detainees’ rights. Labor and the Greens have promised to block it, as they did with a version that was proposed after the 2017 court decision.

Alan Tudge said the legislatio­n was essential to protect the community, detainees and security officers, whose seizure powers were limited and “it takes time to call the police”.

 ?? AAP Image / Lukas Coch ?? Home Affairs Minister Peter Dutton.
AAP Image / Lukas Coch Home Affairs Minister Peter Dutton.

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