Australia: Deaths in custody: how many more?

Six years after the Australian Government initiated a national program to combat a high incidence of Aboriginal deaths in custody, Aborigines are still dying in prison and police custody at high levels, sometimes in circumstances which Amnesty International believes may have amounted to cruel, inhuman or degrading treatment. While some 100 custodial deaths of Aborigines during the 1980s occurred mostly in police custody, the problem has since shifted to the prison system where it reached new record levels during 1995-1996, indicating that Aboriginal inmates are dying at almost twice the rate of other prisoners. On 4 July 1997, a ministerial summit meeting has been scheduled by the Federal Government 'to address deaths in custody and the unacceptable level of Indigenous incarceration'. Amnesty International welcomes the summit as a belated, but unique and important opportunity for all parties to initiate effective reforms. The organization submits this report to the summit participants in the belief that its recommendations, if adopted, could help eradicate some of the factors contributing to the high incidence of Aboriginal deaths in custody. For the summit to have an immediate and visible effect, Amnesty International believes ministers should adopt a series of measures which can be implemented with a minimum of delay. In Amnesty International's opinion, this could significantly contribute towards rebuilding trust among the general public, and particularly among Aboriginal communities, in the seriousness of the government's stated intention to make the reduction of deaths in custody a high priority. Amnesty International acknowledges that a large number of initiatives have been taken over the past decade by Australian state, territory and federal governments towards improving the standards of care, the safety of prisoners and other underlying factors contributing to the high level of Aboriginal deaths in custody. The organization is encouraged by many initiatives taken at a local level, especially by community organizations, police officers and other community-based individuals and officials. Five years ago, the concerns of many Australians about the situation helped to prompt government commitments to implement most of the recommendations made by a Royal Commission into Aboriginal Deaths in Custody, which, had they been properly implemented, could have resulted in a substantial drop in the numbers of custodial deaths. However, while the overall annual rate of non-Aboriginal custodial deaths has fallen since the Commission was established in 1987, implementation seems to have generally been ineffective to curb Aboriginal deaths in custody. In addition, there are increasing concerns about the circumstances of many cases in which Aborigines died, or were fatally injured, as a result of custody-related police operations, such as pursuits. A national approach to deal with the situation has suffered, according to the Federal Government, from 'a lack of co-ordination between the Commonwealth and the State and Territory Governments regarding the implementation of the recommendations of the Royal Commission.' In addition, Amnesty International believes, factors compounding the problem include many systemic deficiencies in custodial care, such as a lack of effective information systems which could ensure that the health condition, medical needs and suicide risk of detainees are properly assessed and recorded, and that all relevant custodial staff are aware of the contents of such records. Delays in implementing reform and lack of follow-up action and accountability regarding procedural changes are among other factors of concern to the organization. Amnesty International's concerns are heightened by a lack of promptness, thoroughness, independence and transparency of many investigations into deaths in custody. Questions of impartiality are raised by investigations for coronial and police purposes into deaths in police custody which are routinely carried out by police officers of the same police service in whose custody the death occurred. Many variations and some inconsistencies between the coronial legislation and practice of different states and territories have continued since the Royal Commission, including, for example, a lack of safeguards to ensure that every custody-related death, as well as any issues concerning ill-treatment or lack of care, are being properly investigated and brought to the attention of custodial authorities. Amnesty International considers that both federal and state authorities in Australia bear a collective responsibility to take action in accordance with international standards and with the principles of human rights treaties to which Australia has committed itself. This report makes a number of specific recommendations aimed at the prevention and investigation of custodial deaths, particularly on improvements in custodial care and post-death investigations, the effective implementation of relevant international standards, and on systems which could help to ensure broader awareness of systemic deficiencies as well as appropriate follow-up action.