On Friday 23 September the UN issued a news release urging Australia to amend the laws that lead to people being detained because of disability.
At the release of the report, Damian Griffis, CEO First Peoples Disability Network and spokesperson for DPO Australia was interviewed by Mark Colvin for ABC Radio National’s PM program. You can listen and read the transcript here.
Marlon James Noble, an Aboriginal man who was charged in 2001 with child sex abuse in Western Australia, brought his complaint to the Geneva-based Committee on the Rights of Persons with Disabilities (CRPD).
Under Western Australia’s Criminal Law (Mentally Impaired Defendants) Act of 1996, once a person is found unfit to plead, he or she can be held in custody for an unlimited period. They have no possibility to go before the courts unless or until they are deemed able to understand the notion of criminal responsibility. Mr. Noble, who denied the charges, was detained until his conditional release in November 2012.
In its findings, the Committee noted that throughout Mr. Noble’s detention, “the whole judicial procedure focused on his mental capacity to stand trial without giving him any possibility to plead not guilty and test the evidence submitted against him.”
“He therefore never had the opportunity to have the criminal charges against him determined and his status as an alleged sexual offender cleared,” the Committee members found, highlighting that the charges were never proven. In addition, the authorities did not provide adequate support to enable him to stand trial and plead not guilty.
Under the Convention on the Rights of Persons with Disabilities, which Australia has ratified, States are obliged to recognise that people with disabilities enjoy legal capacity on an equal basis with all others in all aspects of life.
Mr. Noble was detained for more than 10 years without knowing how long he would be in custody, the CRPD noted.
“Taking into account the irreparable psychological effects that indefinite detention may have on the detained person, the Committee considers that the indefinite detention he was subjected to amounted to inhuman and degrading treatment,” members wrote.
The CRPD called on Australia to provide Mr. Noble with an effective remedy and immediately revoke the 10 conditions of his release, which members found also constituted a violation of the Convention.
Australia is also obliged to take measures to prevent similar violations, including making the necessary amendments to the Mentally Impaired Defendants Act (WA) and all equivalent or related Federal or state laws.
For further information:
Read the advisory online.
The CRPD Committee’s findings, known as Views, were published in full here on 22 September.
Convention on the Rights of Persons with Disabilities
The CRPD Committee is composed of 18 independent human rights experts drawn from around the world. They serve in their personal capacity and not as representatives of States parties. The Committee’s concluding observations are an independent assessment of States’ compliance with their human rights obligations under the treaty. More information on the CRPD: