Amnesty International expresses immense sorrow the news of a 17 year old Aboriginal boy’s death in the Banksia Hill youth detention centre. Australia’s youth detention system breaches international human rights law, including the Convention on the Rights of the Child and Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
This tragedy is the second death of an Aboriginal child in West Australia’s youth detention centres this year. It comes just two weeks after a report delivered by the Commissioner for Children and Young People condemned the “ the systemic failure of successive governments that did not put the needs of children and young people as their primary consideration” at the Banksia Hill and Unit 18 youth detention centres.1
Amnesty International is devastated to learn of the death of another Aboriginal teenager in the WA youth detention system. We stand in solidarity and in mourning with the boy’s family, community and the teenagers currently detained in Banksia Hill who will no doubt be traumatised by his passing.”
Kacey Teerman, Amnesty International’s Indigenous Rights Campaigner
The Western Australian government have been repeatedly warned about the inhumane, dangerous conditions of the Banksia Hill youth detention centre. The Banksia Hill detention centre has even drawn condemnation from the United Nations, which has called on Australia to increase the minimum age of criminal responsibility and to immediately halt the use of solitary confinement for children in youth detention.
Amnesty International has repeated called for the closure of the Banksia Hill youth detention centre, warning that the conditions of the centre posed a serious and unacceptable risk to the safety of detained children.
“This was preventable death. How many times, by how many experts, does the WA government need to be warned about the dangers of their youth detention centres? How many more Aboriginal children will die before the WA government closes down these inhumane, dangerous youth prisons?” says Kacey Teerman.
“Amnesty International reiterates our call on the Western Australian government to appoint an independent body to investigate the circumstances of this death in custody, as per the recommendations of the Royal Commission into Aboriginal Deaths in Custody.”
BACKGROUND:
Though Australia is a signatory to the United Nations Convention on the Rights of the Child, the nation’s youth incarceration record has triggered sustained international condemnation for failing to uphold those rights. In 2021, 30 countries of the United Nations Human Rights Council came together to condemn the human rights violations Australia perpetrates against children in detention centres and prisons.
Australia has ratified the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), committing to protect the rights, health and safety of people in any kind of detention including in prisons, youth detention centres and immigration detention.
In February 2023, the OPCAT was forced to cancel its visit to Australia after the NSW and QLD state governments denied the independent human rights authority access to inspect prison and detention facilities. The only other country in the world that has had OPCAT cancel a visit is Rwanda.
In 2021, the United Nations Human Rights Council called on Australia to immediately end its incarceration of children under 14 and condemned Australia’s human rights atrocities perpetrated against children in youth detention.
In early 2018 Amnesty International called for the Intensive Support Unit at Banksia Hill to be immediately closed pending investigation, following serious allegations of abuse of young people which may amount to torture. Amnesty has consistently called for an end to the use of solitary confinement.
In July 2017 the extreme suffering endured by children in Banksia Hill was revealed following findings from the Inspector of Custodial Services including the use of spit hoods, solitary confinement, alleged sexual assault, and soaring rates of self-harm and attempted suicide.
