in terms that are easily understood by detainees. This may ICCPR 2, 10; Refugee require the provision of information through means such as Convention 35; VCCR handbooks, posters and DVDs displayed in communal 36(b). areas of the facility. The information to be provided Interpretive instruments: includes: CPT Standards (2011) p 66; BOP 7, 16(2), 18(2), 33; rights and responsibilities while in detainees’ SMR 30(3), 35, 36, 38; detention UNRPJDL 75-78; UNHCR the contact details of providers of legal assistance Guidelines 7 [47(i),(ii), (vi) & to resolve status (vii)]. contact details of the Commonwealth Ombudsman and the Australian Human Rights Commission contact details of diplomatic or consular representatives of the State of origin or nationality contact details of the United Nations High Commissioner for Refugees the detention facility rules and procedures including behaviour management agreements and procedures for making complaints. All communication and information dissemination must be in a language and in terms that the detainee can understand. Detainees who do not understand English or whose English is not adequate should be provided with translations of important documents relevant to their detention and legal status. In addition, or where the detainee has low literacy, the information should be communicated orally in a language and in terms that the detainee understands. External communication and contact Holding a person that is, detaining them without communication or ‘incommunicado’ – contact with people outside the detention facility is a serious violation of international – human rights law. It may enable torture and may itself amount to torture or cruel or inhuman or degrading treatment. Detention must not have a disproportionate impact on rights such as family life, freedom of association or freedom of expression. Legal matters relating to the detention (e.g. challenges to the power to detain or hearings to person’s determine refugee status) must be facilitated. Detainees must know how to contact a lawyer and to complain about their treatment in detention, for example to the Commonwealth Ombudsman or the Australian Human Rights Commission.
in terms that are easily understood by detainees. This may require the provision of information through means such as handbooks, posters and DVDs displayed in communal areas of the facility. The information to be provided includes: detainees’ rights and responsibilities while in detention the contact details of providers of legal assistance to resolve status contact details of the Commonwealth Ombudsman and the Australian Human Rights Commission contact details of diplomatic or consular representatives of the State of origin or nationality contact details of the United Nations High Commissioner for Refugees the detention facility rules and procedures including behaviour management agreements and procedures for making complaints. All communication and information dissemination must be in a language and in terms that the detainee can understand. Detainees who do not understand English or whose English is not adequate should be provided with translations of important documents relevant to their detention and legal status. In addition, or where the detainee has low literacy, the information should be communicated orally in a language and in terms that the detainee understands. ICCPR 2, 10; Refugee Convention 35; VCCR 36(b). Interpretive instruments: CPT Standards (2011) p 66; BOP 7, 16(2), 18(2), 33; SMR 30(3), 35, 36, 38; UNRPJDL 75-78; UNHCR Guidelines 7 [47(i),(ii), (vi) & (vii)]. External communication and contact Holding a person ‘incommunicado’ – that is, detaining them without communication or contact with people outside the detention facility – is a serious violation of international human rights law. It may enable torture and may itself amount to torture or cruel or inhuman or degrading treatment. Detention must not have a disproportionate impact on rights such as family life, freedom of association or freedom of expression. Legal matters relating to the person’s detention (e.g. challenges to the power to detain or hearings to determine refugee status) must be facilitated. Detainees must know how to contact a lawyer and to complain about their treatment in detention, for example to the Commonwealth Ombudsman or the Australian Human Rights Commission.
human_rights_standards_immigration_detention.docx