7 February 2005
HREOC welcomes independent inquiry into circumstances surrounding Ms Rau's detention
The Human Rights and Equal Opportunity Commission (HREOC) has welcomed the federal Government's decision to hold an inquiry into the circumstances surrounding the detention of Ms Cornelia Rau.
Human Rights Commissioner, Dr Sev Ozdowski said the inquiry should review not only the tragic circumstances of Ms Rau's treatment in mandatory detention but review the overall provision of mental health services in Australia's immigration detention centres.
"From the circumstances reported, it seems this shocking case only confirms what we said in the Children in Immigration Detention Inquiry (CIDI) Report which was released by HREOC last year - that a law requiring mandatory detention of persons found in Australia, pending confirmation of the lawfulness of their presence here, is inherently unjust, and is contrary to a person's human rights," said Dr Ozdowski.
"Detention should only take place after a full consideration of all possible alternatives. Under the Migration Act there is no time limit on this detention and only very limited review by the courts is available. This law should be changed."
The Commissioner said that this case also emphasizes another issue raised in the CIDI Report - the absence of legislation governing the running of immigration detention centres.
"Minimum standards of treatment for people in immigration detention should be codified in legislation. There should be clear protocols and regulations enacted which set out the rights of detainees, the responsibilities of the body administering the detention centre and the remedies available for any breach," he said.
The Commissioner said that prisons and immigration detention centres are not appropriate places for people with mental illnesses. The CIDI Inquiry consistently heard from mental health experts that children and their families who are psychiatrically unwell cannot be treated within the detention environment because the environment is one of the major causes of the problems.
Last year, HREOC and the Mental Health Council of Australia conducted extensive national community consultations on the capacity of the mental health care system in Australia.
"One of our major concerns was the trend towards a law and order approach to detaining people with a mental illness, whereby governments seem to believe that for some people with mental illness, the only realistic option is to lock them up. Cases such as this one raise real concerns that our country's prisons and detention centres may be being used as substitutes for mental health facilities," the Commissioner said.
"Once again, I call on governments to provide adequate resources and services to support people with mental health issues."
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated 8 February 2005.
