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“Most Australians would be horrified to know the extent of the treatment meted out to vulnerable people in our detention centres,” says �ʹڲ�Ʊ Professor Emerita Eileen Baldry AO, a co-author of the report.��

The report was launched last week by Commonwealth Ombudsman,��.��

“Reports such as this are crucial for effective monitoring of detention environments. They help inform the work of oversight bodies such as my Office, what issues require closer scrutiny, and how monitoring could��be done��better,” Mr Anderson says.

Cruel, inhuman and degrading treatment

People with disability, particularly those with cognitive impairment and psychosocial disability, are dramatically overrepresented in detention. According to the , almost 39 per cent of people entering prison have a disability. Aboriginal and Torres Strait Islander people with disabilities also represent 32 per cent of the prison population.

Ms Taylor Budin, an Indigenous person with a disability and justice advocate with the Intellectual Disability Rights Service, has experienced humiliating treatment first-hand while in detention.

“It’s just not safe for people with disability in detention,” Ms Budin says. “I was vulnerable to��both��degrading treatment from the prison’s guards who treated me like a dog, but I was also humiliated and hurt by other prisoners.”

Mr Phillip Jenkins, a disability and justice advocate, is also a person with��a disability who has lived experience of detention.��

“I soon learnt that I was a problem for wanting my health needs met,” Mr Jenkins says. “This treatment leaves you without dignity,��it��exacerbates��your vulnerability, and blatantly ignores your fundamental human rights.”

Australian governments are signatories to the Convention on the Rights of Persons with��Disability and have��obligations to ensure that people with disability��are not deprived��of freedoms. In October 2022, the , citing a lack of cooperation from the authorities detaining people with disability.��

Prolonged detention contributes to and exacerbates mental health problems. Many people in detention have traumatic pasts and poor care makes things worse.

“There is a lack of��basic��services,��high��risk of verbal abuse, physical and sexual violence, and a lack of cultural safety,” Mr McGee says. “People deemed unfit for trial due to cognitive impairment may��be detained��indefinitely.”

Systemic reforms needed

Dr Higgins says it is vital to centre and acknowledge the lived experiences of those with��disability��who have experienced detention and develop a National Report Card to make a difference.��

“This report is unique because little work has been done to give a prominent voice to those��directly affected,”��Dr Higgins says. “It’s��vital that we hear them and include them in the��decision-making��process to find solutions that work.”��

The report details several recommendations for governments to protect people with disability in detention, including abolishing indefinite detention and��establishing��a well-funded, independent��body to advocate for forensic patients and their families.��

“The��recurring��message��was the need for greater oversight, monitoring, and accountability in places of detention,” Dr Higgins says. “We have a proactive obligation to prevent people with a disability��suffering��ill-treatment��which��extends to places of detention.”��

Legislative reform to address shortcomings of the legal system, including ensuring access to Medicare in detention and legislating requirements for appropriate medical and disability assessment for all people entering detention, was also recommended.��

“This is a call for care and love that is desperately missing from the system to date,” Dr Higgins says. “We hope this report stimulates meaningful action and fosters a deeper understanding��both��of what is happening and what must change.”