Last week, Commonwealth Ombudsman, Iain Anderson, appeared before the United Nations Committee against Torture in his capacity as the National Preventive Mechanism (NPM) Coordinator and Commonwealth NPM under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

The Ombudsman appeared in a private hearing alongside Australian Human Rights Commissioner Ms Lorraine Finlay during the Committee’s 75th session. The Ombudsman’s appearance formed part of the Committee’s consideration of Australia’s sixth periodic report under the Convention against Torture (CAT) and occurred the day before the commencement of the Australian Government’s appearance.

During the hearing, the Ombudsman outlined progress towards OPCAT implementation in Australia, including the barriers currently preventing full implementation, the work of the NPM Coordinator in supporting state and territory NPM bodies carry out their OPCAT mandate, and the productive and constructive engagement with the UN Subcommittee on Prevention of Torture (SPT) during their recent visit to Australia.

The Ombudsman also outlined ongoing concerns about the length of time people are held in immigration detention, and the importance of considering alternatives to detention. The Committee welcomed these observations as well as the detailed considerations outlined in the Ombudsman’s written submission to the Committee.

“The Committee’s reporting procedures are an important opportunity not just for scrutiny of Australia’s progress on implementation of the Convention against Torture, but also for dialogue and constructive recommendations towards improved protection”, Mr Anderson said.

The UN SPT visit and Australia’s appearance before the Committee against Torture are important milestones ahead of the commencement of Australia’s NPM obligations under OPCAT on 20 January 2023.

“An independent and appropriately resourced NPM with the full suite of powers required under OPCAT is an effective means of preventing torture and improving the treatment and conditions of people in detention. I look forward to working closely with my NPM counterparts across Australia’s states and territories to ensure we are effectively carrying out our preventive mandate”, said Mr Anderson.

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      21 November 2022: Commonwealth Ombudsman’s appearance before the United Nations Committee Against Torture

      Last week, Commonwealth Ombudsman, Iain Anderson, appeared before the United Nations Committee against Torture in his capacity as the National Preventive Mechanism (NPM) Coordinator and Commonwealth NPM under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

      The Ombudsman appeared in a private hearing alongside Australian Human Rights Commissioner Ms Lorraine Finlay during the Committee’s 75th session. The Ombudsman’s appearance formed part of the Committee’s consideration of Australia’s sixth periodic report under the Convention against Torture (CAT) and occurred the day before the commencement of the Australian Government’s appearance.

      During the hearing, the Ombudsman outlined progress towards OPCAT implementation in Australia, including the barriers currently preventing full implementation, the work of the NPM Coordinator in supporting state and territory NPM bodies carry out their OPCAT mandate, and the productive and constructive engagement with the UN Subcommittee on Prevention of Torture (SPT) during their recent visit to Australia.

      The Ombudsman also outlined ongoing concerns about the length of time people are held in immigration detention, and the importance of considering alternatives to detention. The Committee welcomed these observations as well as the detailed considerations outlined in the Ombudsman’s written submission to the Committee.

      “The Committee’s reporting procedures are an important opportunity not just for scrutiny of Australia’s progress on implementation of the Convention against Torture, but also for dialogue and constructive recommendations towards improved protection”, Mr Anderson said.

      The UN SPT visit and Australia’s appearance before the Committee against Torture are important milestones ahead of the commencement of Australia’s NPM obligations under OPCAT on 20 January 2023.

      “An independent and appropriately resourced NPM with the full suite of powers required under OPCAT is an effective means of preventing torture and improving the treatment and conditions of people in detention. I look forward to working closely with my NPM counterparts across Australia’s states and territories to ensure we are effectively carrying out our preventive mandate”, said Mr Anderson.