Contents 1 Introduction 7 2 Summary of findings and recommendations 7 Summary of findings 7 2.1 3 Summary of recommendations 8 4 The complaint by Mr JA 9 Background 9 4.1 Findings of fact 9 4.2 5 The and complaints function 10 Commission’s human rights inquiry Human rights relevant to this complaint 11 5.1 6 Detention 11 Was the detention lawful? 11 6.1 Was the detention arbitrary? 12 6.2 7 Right to be informed of reason for arrest 14 8 Treatment in detention 15 Solitary confinement 15 8.1 Light in cell 16 8.2 Adequacy of clothing, bedding, and heating 17 8.3 Contact with the outside world 18 8.4 9 Interference with privacy and attack on reputation and honour 21 10 Findings and recommendations 22 Power to make recommendations 22 10.1 Consideration of compensation 22 10.2 Recommendation that compensation be paid 25 10.3 11 Apology 26 12 to my conclusions and recommendations 26 Defence’s responses
Contents 1 Introduction 7 2 Summary of findings and recommendations 7 2.1 Summary of findings 7 3 Summary of recommendations 8 4 The complaint by Mr JA 9 4.1 Background 9 4.2 Findings of fact 9 5 The Commission’s human rights inquiry and complaints function 10 5.1 Human rights relevant to this complaint 11 6 Detention 11 6.1 Was the detention lawful? 11 6.2 Was the detention arbitrary? 12 7 Right to be informed of reason for arrest 14 8 Treatment in detention 15 8.1 Solitary confinement 15 8.2 Light in cell 16 8.3 Adequacy of clothing, bedding, and heating 17 8.4 Contact with the outside world 18 9 Interference with privacy and attack on reputation and honour 21 10 Findings and recommendations 22 10.1 Power to make recommendations 22 10.2 Consideration of compensation 22 10.3 Recommendation that compensation be paid 25 11 Apology 26 12 Defence’s responses to my conclusions and recommendations 26
2014%20AusHRC%2072%20JA%20v%20Cth%20%28Dept%20of%20Defence%29_WORD.docx