60-636: The Don Dale Youth Detention Centre is a facility for juvenile detention in the Northern Territory , Australia , located in Berrimah , east of Darwin . It is a detention centre for male and female juvenile delinquents . The facility is named after Don Dale , a former Member of the Northern Territory Legislative Assembly from 1983 to 1989 and one-time Minister for Correctional Services. On 25 July 2016,
120-560: A $ 229.6 million package to overhaul the child protection and youth justice systems and implement the recommendations of the royal commission. By November 2018, the facility was still in use. It was then revealed in Northern Territory Parliament that female detainees were being forced to shower while under video surveillance. On 6 November 2018, a major disturbance broke out at Don Dale. Detainees escaped from their cells by stealing keys and attempted to break out of
180-568: A court. Throughout 2015 and 2016, allegations of staff violence and child abuse surfaced, including reports of detainees being assaulted, stripped naked, and "caged up like animals". A particular allegation of detainees being forced to eat feces for staff social media posts and forced to fight each other for junk food attracted significant media attention in Australia in September 2015. Further allegations of use of excessive force, such as
240-399: A definition of torture (Article 1), and commits parties to taking effective measures to prevent any act of torture in any territory under their jurisdiction (Article 2). These include ensuring that torture is a criminal offense under a party's municipal law (Article 4), establishing jurisdiction over acts of torture committed by or against a party's nationals (Article 5), ensuring that torture
300-622: A departmental reorganisation following the Labor victory at the August 2016 Northern Territory general election . In February 2000, 16-year-old Aboriginal boy named Johnno Johnson Wurramarrba from Groote Eylandt died by suicide at Don Dale. Wurramarrba had been sentenced in January to 28 days detention under the Northern Territory's mandatory sentencing laws for stealing petrol and paint from Angurugu School on Groote Eylandt . A Coronial Inquiry into
360-432: A higher level of security than Malak House and Wildman Work Camp. Don Dale had a capacity of 22 offenders. In Alice Springs, Giles House, after being closed for two years following the opening of Don Dale Juvenile Detention Centre, was reopened and renamed Aranda House. Aranda House operated between 1989 until early 2011. In 1993, Police reported that: Correctional Services reported that: In 1997, mandatory sentencing
420-414: A locked reinforced door. The staff declared that there was a "riot", and released tear gas into the hallway, gassing all six boys. It took up to eight minutes to remove the boys in their cells from the tear gas. A news release to the media falsely asserted that six boys had escaped from their cells, despite CCTV in the hallway showing only one boy in the hallway. The incident, among others, was investigated by
480-689: A means to protect public safety or prevent emergencies. Subordinates who commit acts of torture cannot abstain themselves from legal responsibility on the grounds that they were just following orders from their superiors . The prohibition on torture applies to anywhere under a party's effective jurisdiction inside or outside of its borders, whether on board its ships or aircraft or in its military occupations , military bases , peacekeeping operations , health care industries , schools , day care centers , detention centers , embassies , or any other of its areas, and protects all people under its effective control, regardless of nationality or how that control
540-489: A particular legal system and what are not. The drafters of the Convention neither provided any criteria for making such determination nor did it define the terms. The nature of the findings would so differ from one legal system to another that they would give rise to serious disputes among the parties to the convention. It was suggested that the reference to such rules would make the issue more complicated, for it would endow
600-584: A principle of customary international law . As of April 2024, the convention has 174 state parties. The Convention follows the structure of the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a preamble and 33 articles, divided into three parts: Part I (Articles 1–16) contains
660-790: A report within one year, after which they are obliged to report every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations". Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated. The CAT usually meets in April/May and November each year in Geneva . Members are elected to four-year terms by State parties and can be re-elected if nominated. The current membership of
SECTION 10
#1732797786044720-432: Is an extraditable offense (Article 8), and establishing universal jurisdiction to bring cases of torture to trial where an alleged torturer cannot be extradited (Article 5). Parties must promptly investigate any allegation of torture (Articles 12 and 13), and victims of torture, or their dependents in case victims died as a result of torture, must have an enforceable right to compensation (Article 14). Parties must also ban
780-481: Is exercised. The other articles of part I lay out specific obligations intended to implement this absolute prohibition by preventing, investigating, and punishing acts of torture. Article 3 prohibits parties from returning, extraditing, or refouling any person to a state "where there are substantial grounds for believing that he would be in danger of being subjected to torture." The Committee Against Torture has held that this danger must be assessed not just for
840-413: Is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession , punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with
900-717: Is mostly operated through two facilities - the Alice Springs Juvenile Holding Centre in Alice Springs , and the Don Dale Juvenile Detention Centre in eastern Darwin . These had previously been administered by the Department of Correctional Services. A juvenile is a child between the age of 10 and 17. The Northern Territory , as of June 2015, had a juvenile detention rate of 16.7 per 100,000 people –
960-598: Is often difficult to distinguish between cruel, inhuman, or degrading treatment or punishment and torture, the Committee regards Article 16's prohibition of such act as similarly absolute and non-derogable. As of 17 November 2021, there are 173 States parties. 22 UN Member States are not yet party to the convention. The Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), adopted by
1020-574: The Australian Human Rights Commission to be "completely inappropriate for children". Within 24 hours the decision to close the centre and relocate the detainees "had been scrapped for the time being", with Chief Minister Giles saying that the facilities at Don Dale were "good enough". The Royal Commission into the Protection and Detention of Children in the Northern Territory was established on 1 August 2016. While
1080-469: The United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention requires member states to take effective measures to prevent torture in any territory under their jurisdiction , and forbids member states to transport people to any country where there is reason to believe they will be tortured. The text of
1140-542: The ABC broadcast a Four Corners report that disclosed the abuse of youths in the Northern Territory corrections system which triggered the Royal Commission into Juvenile Detention in the Northern Territory . The Don Dale Youth Detention Centre was the Northern Territory's first purpose-built institution for young male and female offenders from across the Northern Territory aged from 10 to 16 years. Built in 1991, it
1200-550: The General Assembly on 18 December 2002 and in force since 22 June 2006, provides for the establishment of "a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment," to be overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As of April 2022,
1260-545: The Juvenile Justice Review Committee with two boards of management. The Wildman River Wilderness Work Camp was also established in 1987 as a male-only, long-term remand and sentenced detention center with a community service system based on the "Outward Bound" model of providing youths with a series of increasingly challenging tasks. Wildman River was for boys only, as the facilities were not considered suitable for girls. In 1987, Malak House
SECTION 20
#17327977860441320-667: The Northern Territory Children's Commissioner Colleen Gywnne in a report provided in August 2015 to the then Corrections Minister John Elferink. On 4 June 2020, the High Court of Australia found the use of the gas was unlawful. Following the tear gas incident, the youths were moved from Malak House to formerly adult Berrimah Prison and Malak House was closed. In September 2014, the prison was renamed Don Dale Youth Detention Centre . The North Australian Aboriginal Justice Agency remained critical of conditions at
1380-484: The Protocol has 76 signatories and 91 parties. The Committee Against Torture (CAT) is a body of human rights experts that monitors implementation of the convention by State parties. The committee is one of eight UN-linked human rights treaty bodies. All state parties are obliged under the convention to submit regular reports to the CAT on how rights are being implemented. Upon ratifying the convention, states must submit
1440-656: The Select Committee Appointed to Inquire into Prisons and Prison Legislation (the Ward Report) recommended, inter alia, that alternatives to juvenile incarceration should be investigated. The Ward Report described the treatment of juvenile offenders as a matter of grave concern: Fannie Bay Gaol closed in 1979 and was replaced by the new Berrimah Prison . In 1984, the Northern Territory Juvenile Justice Act
1500-536: The broadcast of the episode and the subsequent political fallout, that included the sacking of Minister for Correctional Services John Elferink, the Prime Minister Malcolm Turnbull quickly appointed the Royal Commission into Juvenile Detention in the Northern Territory . Since a departmental reorganisation following the Labor victory at the August 2016 Northern Territory general election , responsibility for youth detention facilities
1560-515: The cattle station. Willie had maintained his traditional culture, such as in ceremonies and law, and passed his knowledge down to Frank. Frank began a self-funded program in the 2010s to help give Aboriginal boys and girls who have been in trouble a second chance in life, teaching them skills such as catching bulls , building fences and mustering . In mid-2020, the Northern Territory Government started funding for
1620-563: The circumstances of the death resulted in a number of recommendations being made relating to training of staff and management practices in the centre. In 2011, Xzibit , a US rapper , visited the centre and talked to inmates about his life experiences, following being detained in a juvenile detention centre as a 14-year-old. In August 2014, six boys were in solitary confinement cells in the Behavioural Management Unit. One boy walked out of an unlocked cell, and beat on
1680-572: The colony of New South Wales and shortly before control of the territory was handed over to South Australia . Prior to 1970, it was common for juvenile offenders to be transferred to South Australia, due to the lack of available facilities in the Territory. Essington House was established in Darwin in the late 1960s, and was the first and only holding and remand facility for juveniles. However, in their report in 1973, Hawkins and Misner called for
1740-632: The commission was expected to report by 31 March 2017, the final reporting date was extended three times due to the extent of documentary evidence and witnesses, to 17 November 2017. The report made more than 200 recommendations including the closure of the Don Dale Youth Detention Centre. In April 2018, the Northern Territory Government announced it would commit A$ 71.4 million to build new youth detention centres in Darwin and Alice Springs as part of
1800-401: The consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions. The words "inherent in or incidental to lawful sanctions" remain vague and very broad. It is extremely difficult to determine what sanctions are "inherent in or incidental to lawful sanctions" in
1860-494: The convention and the steps taken by the parties to implement it. It establishes the Committee Against Torture (Article 17), and empowers it to investigate allegations of systematic torture (Article 20). It also establishes an optional dispute-resolution mechanism between parties (Article 21) and allows parties to recognize the competence of the committee to hear complaints from individuals about violations of
Don Dale Youth Detention Centre - Misplaced Pages Continue
1920-428: The convention by a party (Article 22). Part III (Articles 25–33) governs ratification, entry into force, and amendment of the convention. It also includes an optional arbitration mechanism for disputes between parties (Article 30). Article 1.1 of the Convention defines torture as: For the purpose of this Convention, the term "torture" means any act by which severe pain or suffering , whether physical or mental,
1980-680: The convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture , in honor of the convention. Since the convention's entry was enforced, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as
2040-694: The cost of detention of a juvenile. The scheme was not implemented. In 2001, the scheme was back on the agenda in the form of the Juvenile Justice Amendment Act 1991 and the Law Reform (Miscellaneous Provisions) Amendment Act 1991 amending the Juvenile Justice Act . In 1991, the Malak House, Darwin was replaced by the Don Dale Juvenile Detention Centre , the first purpose-built juvenile detention center, with
2100-474: The detainees, which violates the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment , to which Australia is party. Global broadcast of the documentary caused worldwide astonishment about the inadequate actions of the minister. Following national outrage, Prime Minister Malcolm Turnbull announced a Royal Commission into Juvenile Detention in the Northern Territory . John Elferink
2160-530: The establishment of a juvenile remand centre, and noted that juveniles could be held in gaol for up to a week before being transferred to Essington House. In the 1970s, incarcerated youths were sent to adult prisons such as Fannie Bay Gaol . Fannie Bay Gaol operated between from 1883 to 1979, initially housing male and female prisoners, including juveniles. Juveniles were not permitted to associate with adult prisoners and accordingly, they were not permitted to participate in work or education programs. The Report from
2220-471: The facility using power tools. The school room at the facility was burnt and tear gas was used. The detainees were moved from the damaged detention centre to the Darwin watch house. In May 2019, it was reported that every single child in detention in the Northern Territory – 22 boys and 2 girls – was Aboriginal, with 11 of them in Don Dale. Territory Families said it was still "not ready" to implement some of
2280-646: The highest of Australia's states and territories. A report released by the Australian Institute of Health and Welfare in April 2016 showed that in 2014–15 of a national total of 900 juveniles in detention on an average day, 41 were in detention in the Northern Territory. However, in terms of incarceration rates, the Northern Territory overwhelmingly had the highest rate of juveniles in detention of any state or territory. It detained 15.6 in every 10,000 children of that age on an average day. Western Australia had
2340-402: The influence of hardened criminals and that they did not, after being released, follow a life of crime." In January 1986, based on the recommendations of the Juvenile Justice Review Committee, control of juvenile justice functions were transferred from child welfare services to a newly established Department of Correctional Services. In 1987, an amendment to the Juvenile Justice Act replaced
2400-564: The initial receiving state, but also to states to which the person may be subsequently expelled, returned or extradited. Article 7 obligates the government of the state in which the alleged offense occurred to either prosecute the accused party, or extradite them to a state that will, under the principle of aut dedere aut judicare . Article 16 requires parties to prevent "other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1" in any territory under their jurisdiction. Because it
2460-593: The key recommendations of the Royal Commission. The age of criminal responsibility had still not been raised to 12, nor the age of detention to 14 years old. Juvenile detention in the Northern Territory Juvenile detention in the Northern Territory is administered by Territory Families , since a departmental reorganisation following the Labor victory at the August 2016 Northern Territory general election . Juvenile detention
Don Dale Youth Detention Centre - Misplaced Pages Continue
2520-589: The lawful sanctions clause leaves no scope of application and is widely debated by authors, historians, and scholars alike. Article 2 prohibits torture, and requires parties to take effective measures to prevent it in any territory under their jurisdiction. This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever" may be invoked to justify torture, including war , threat of war, internal political instability , public emergency , terrorist acts , violent crime , or any form of armed conflict. In other words, torture cannot be justified as
2580-507: The long-term camps, who will be youths struggling to get out of the juvenile justice system in the Northern Territory. United Nations Convention against Torture The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture ( UNCAT )) is an international human rights treaty under the review of
2640-453: The new site. Use of restraint chairs and cable ties on children was expressly legalised by the Northern Territory Government in May 2016 and were used at facilities in both Darwin and Alice Springs. Graphic footage of repeated child abuse at Don Dale, including the 2014 tear gas incident, was featured in ABC's Four Corners episode " Australia's Shame ", which aired on 25 July 2016. Later in
2700-472: The next-highest rate at 6.1 children detained, while Victoria had the lowest at 1.5. The juvenile detention system was the subject of the Royal Commission into Juvenile Detention in the Northern Territory established by Prime Minister of Australia Malcolm Turnbull on 28 July 2016, following the broadcast of the Four Corners episode " Australia's Shame ", which highlighted the abuse of children in
2760-563: The program, committing A$ 4.5 million to run youth camps over the following five years. There will be a series of intensive short-term camps and longer ones. Dale Wakefield , the NT Minister for Territory Families, said that the camps "not only focus on personal responsibility and consequences, but they will also give young people a way out of crime by connecting them with practical learning, vocational education training and work programs". Permanent accommodation will be built for residents of
2820-587: The prohibition against torture (Article 10). Parties also must keep interrogation rules, instructions, methods, and practices under systematic review regarding individuals who are under custody or physical control in any territory under their jurisdiction, in order to prevent all acts of torture (Article 11). Parties are also obliged to prevent all acts of cruel, inhuman, or degrading treatment or punishment in any territory under their jurisdiction, and to investigate any allegation of such treatment. (Article 16). Part II (Articles 17–24) governs reporting and monitoring of
2880-473: The rules with a semblance of legal binding force. This allows state parties to pass domestic laws that permit acts of torture that they believe are within the lawful sanctions clause. However, the most widely adopted interpretation of the lawful sanctions clause is that it refers to sanctions authorized by international law . Pursuant to this interpretation, only sanctions that are authorized by international law will fall within this exclusion. The interpretation of
2940-475: The system. The final report for the Royal Commission was tabled to the Australian Parliament on 17 November 2017. A system of criminal punishment for minors had existed in the Northern Territory since the territory's establishment in 1911. Historically, juvenile detention systems operated in the area of Northern Territory as early as settlement in the early 1860s, when the area was in control of
3000-463: The use of evidence produced by torture in their courts (Article 15), and are barred from deporting , extraditing, or refouling people where there are substantial grounds for believing they will be tortured (Article 3). Parties are required to train and educate their public servants and private citizens involved in the custody , interrogation , or treatment of any individual subjected to any form of arrest , detention, or imprisonment , regarding
3060-621: The use of tear gas in the August 2014 incident at Don Dale, came to attention. In July 2016, the ABC investigative journalism and current affairs program Four Corners broadcast the episode " Australia's Shame ", which contained previously confidential footage showing detainees at the Don Dale Juvenile Detention Centre being threatened, assaulted, stripped naked and chained to mechanical restraint chairs, sparking national and international attention. Following
SECTION 50
#17327977860443120-472: The year the documentary was televised worldwide. Teenage boys were shown being assaulted, stripped naked and tear-gassed. They were being held in isolation up to 72 hours with no running water. The program also showed a 17-year-old boy shackled and hooded in a chair at a facility in Alice Springs. The Office of UN High Commissioner for Human Rights said it was "shocked" at the "appalling treatment" of
3180-487: Was approved as a juvenile detention centre in Darwin. The over-representation of Aboriginal juveniles in detention centres was noted as was low education rates and the need to re-engage Aboriginal youths with traditional elders. The Juvenile Justice Amendment Bill 1990 proposed to authorised the Juvenile Court to order restitution against the parents of a juvenile offender and to order parents to contribute towards
3240-617: Was introduced with amendments to the Sentencing Act and Juvenile Justice Act , with persons aged 15 and 16 now being subject to a minimum detention of 28 days. There was an increase of 53% in the number of juveniles sentenced and detained by June 1998. When the Labor Party won office for the first time in 2001 it repealed the mandatory sentencing laws, merged Correction Services into the Department of Justice and closed Wildman River Wilderness Work Camp. The Juvenile Justice Act
3300-424: Was originally located adjacent to Berrimah Prison . The facility replaced Malak House, which had operated as a detention centre since 1987. Don Dale provided medium- to high-level detention, usually in single cells. In the early 2000s all detainees at Don Dale were expected to attend school unless they were involved in vocational programs. The facility is as of October 2019 administered by Territory Families , since
3360-451: Was passed, which defined juveniles to be persons aged 17 and under, and also officially established a Juvenile Court and a Juvenile Justice Review Committee. The Giles House, located in Alice Springs , was opened as the Northern Territory's first juvenile detention center in 1984, implemented with a focus on "providing detainees with life skills and education, thereby ensuring young offenders were not put in prisons; that they did not come under
3420-463: Was penned to close down after an incident in August 2014 when a detainee escaped his cell, leading to prison authorities using tear gas . The facility, however, was not closed, and still operates to this day. Another proposal not followed through was put forward in June 2015 by the then- Minister for Correctional Services John Elferink to send young offenders to adult prison, without the approval of
3480-785: Was replaced by the Youth Justice Act 2006 , and the Community Welfare Act was replaced by the Care and Protection of Children Act 2008 . By 2015, the Northern Territory had the highest rate of detention of 10-17 year olds in Australia, eclipsing the second highest rate, that of Western Australia , by three times. The Australian Institute of Health and Welfare found that the Northern Territory had an average rate of 16.7 per 100,000 people staying each night in youth detention centers, compared to Western Australia's 5.4 per 100,000 people. The Don Dale Juvenile Detention Centre
3540-615: Was sacked as Corrections Minister the morning after the program aired. The corrections and justice portfolios were taken on by Northern Territory Chief Minister Adam Giles . Use of restraint chairs and spit hoods were then suspended. On 28 July 2016, it was announced that the 33 youths incarcerated in the centre were to be moved to the Wickham Point Detention Centre , a former immigration detention centre, located around 50 kilometres (31 mi) south of Darwin. The Wickham Point Detention Centre has been deemed by
3600-510: Was taken over from Correctional Services, by Territory Families . As of October 2019 there are two youth detention facilities operated by Territory Families: Seven Emu Station is a working cattle station which has been in the Shadforth family since Garawa man Willie Shadforth bought it outright for cash in 1953. Willie passed on the property to his son Frank, who now looks after guests, while Frank's son Clarry and his children manage
#43956