Australia

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka