The Human Rights Council, which we have struggled so hard to join, has just received the latest  Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

Page 9 of the report carries special criticism of Australia, by reference to several cases in which Australia failed.  Page 9 includes the following:

27. The Human Rights Committee has repeatedly considered that “the combination of the
arbitrary character of the […] detention, its protracted and/or indefinite duration, the refusal
to provide information and procedural rights to the [detainees] and the difficult conditions of
detention are cumulatively inflicting serious psychological harm upon them, and constitute
treatment contrary to article 7 of the Covenant.”44 Indeed, the experience of being subjected
to detention that is neither necessary nor proportionate to serve any legitimate purpose,
particularly in conjunction with its prolonged and potentially indefinite duration, and with
the absence of any effective legal remedy has been shown to add significant mental and
emotional stress to the already extremely vulnerable situation of irregular migrants, with
many cases reported of self-harm, post-traumatic stress disorder, anxiety and depression.
Thus, even factors that may not necessarily amount to ill-treatment when applied as an
isolated measure and for a very limited period of time – such as unjustified detention, delayed
access to procedural rights, or moderate physical discomfort – can cross the relevant threshold
if applied cumulatively and/or for a prolonged or open-ended period of time.
28. In the view of the Special Rapporteur, as a general rule, the longer a situation of
arbitrary detention and inadequate conditions lasts, and the less affected detainees can do to
influence their own situation, the more intense their mental and emotional suffering will
become, and the higher is the likelihood that the prohibition of ill-treatment has been
breached. Depending on the circumstances, this threshold can be reached very quickly, if not
immediately, for migrants in situations of increased vulnerability, such as children, women,
older people, persons with disabilities, medical conditions, or torture trauma, and members
of ethnic or social minorities including lesbian, gay, bisexual, transgender and intersex
(LGBTI) persons. In particular, the Special Rapporteur endorses and reiterates the view
expressed by his predecessor that the deprivation of liberty of migrant children based solely
on their own or their parents’ migration status is never in the best interests of the child,
exceeds the requirement of necessity, is grossly disproportionate and, even in case of short
term detention, may amount to cruel, inhuman or degrading treatment.45
29. In the view of the Special Rapporteur, detention based solely on migration-status, as
such, can also amount to torture, most notably where it is being intentionally imposed or
perpetuated for purposes such as deterring, intimidating, or punishing irregular migrants or
their families, coercing them into withdrawing their requests for asylum, subsidiary
protection or other stay, agreeing to voluntary repatriation, providing information or
fingerprints, or with a view to extorting money or sexual acts, or for reasons based on
discrimination of any kind, including discrimination based on immigration status.46

Footnote 44 contains references to three cases against Australia.

Paragraph 18, on page 6, includes this:

“In practice, the possibility to leave must not be a merely theoretical option to be exercised at
some point in the future, but must be practicable and available at any time. For example,
holding migrants at an international border, an offshore facility or an airport transit zone and
refusing their immigration while granting them the theoretical right to leave to any other
country or territory of their choice still amounts to deprivation of liberty for such time as they
are being held, …”

Sounds just like Manus and Nauru, doesn’t it?

Here’s the full report