Showing posts with label private-prisons. Show all posts
Showing posts with label private-prisons. Show all posts

Tuesday, July 19, 2005

Baxter visit convinces Burke of need for royal commission

A visit to any Detention Centre or prison should convince Labor to push for a royal commission into detention...

AUSTRALIA/CUBA Federal Labor's new immigration spokesman Tony Burke says after visiting the Baxter detention centre he is now more convinced then ever of the need for a royal commission into immigration detention.

Mr Burke's visit to Baxter yesterday was his first trip there.

He says even the findings of the Palmer inquiry differed to what he was told by detainees at Baxter.

"Everything that we've said about the royal commission and the need for evidence to be taken publicly was right," he said.

"It was spot on and the contradictions that were presented to me ... just confirmed that and secondly a very clear message that these detention centres should not be in private ownership.

"There should be a clear line of command from the minister, through the department to government-run centres."

He says his visit put a human face to the plight of long-term detainees.

"We believe there are better ways and the 90 per cent of cases and the 90 days that I mentioned is one of those," he said.

"But the other thing that you need is huge cultural change and unless the Government is serious about that then we're not going to get the changes on the ground that we need.

"Perhaps the first to get a removal pending visa should be the Minister."

A nurse who cared for the Australian woman wrongly deported to the Philippines, Vivian Alvarez Solon, says Ms Solon suffered serious convulsions a day before she was declared fit to be flown out of Australia.

Filipino-Australian nurse Mayette Mackintosh has said that she informed Immigration guards of Ms Solon's condition and recommended she not board a plane.

"She just starting to have a spasm and really shaking, you know, having some sort of fit," she said.

"I brought it to the attention to the two Immigration officers. They said that they have to inform the Immigration Department about the condition."

The next day, Dr Peter Wynn examined Ms Solon and declared her fit to fly.

He says he was not told of her seizure or her medical history.

"It does, it worries you a little bit. They're withholding information because it would change your approach, possibly send her to hospital that night for evaluation from the neurological department," he said.

"Other things could have been done if that was evident and that obvious."

Former Supreme Court judge Marcus Einfeld, who is advising Ms Solon, says the Immigration Department was in a rush to prove Ms Solon could fly.

"I think this doctor must have been under an enormous amount of pressure from the department to give a favourable report and that's what he did," he said.

Professor Louise Newman from the Royal Australian and New Zealand College of Psychiatrists says it is not good enough.

"I think after this case all clinicians will be well advised in their dealings with the department," she said.

"I dare say that if this doctor had been aware that Ms [Solon] would be sent to a hospice for the dying, his decision and concerns would have been even greater."

Ms Solon's legal team is currently trying to secure compensation for her wrongful deportation to the Philippines in 2001.

Well your prisons and institutions have all fallen by the wayside so why not have a Royal Commission into prisons and detention centers? Seen as how the punishment appears to be the same even for an alleged terrorist who can be treated like the worst of the worst criminals, regardless if any case has been made against them in a court of law.

Zealots Reign Unchecked in Immigration - Nothing Has Changed

The Palmer Inquiry has identified a culture of zealotry as underpinning current Immigration Department (DIMIA) policy and practice.

By Just Us 19 July 05

Related:

Gov't Failure Card: Community
The controversial plan was yesterday raised by Queensland Premier Peter Beattie, who suggested a national ID card to prevent unlawful detention similar to that suffered by Cornelia Rau and Vivian Alvarez.

Some people want to remain anonymous
The federal attorney-general has suggested that two women wrongfully detained by the Immigration Department could have avoided being locked up if they had cooperated more with authorities.

'Anna's nightmare' in detention's living hell
Australia: IN his whitewashed report on the detention scandals, government employee Mick Palmer refers to Cornelia Rau's four months in Baxter detention centre as "Anna's journey".

Detention policy: Change Your Mind
It would not be wrong to answer in the affirmative. Another reason is that our political system is adjusting to the highly publicised breaches of human rights via individual cases such as Peter Qasim, Cornelia Rau and Vivian Alvarez Solon.

Psychiatrists dismiss Vanstone's call to limit role
Psychiatrists treating mentally-ill Baxter detainees have rejected the Immigration Minister Senator Amanda Vanstone's call for them to restrict their role to the immediate care of patients.

HREOC's deadline on child detainees passes
"We detainees request from human Australian to release us from Nauru cage" Years of waiting took their toll on asylum seekers. There are still two men there! They are suffering. (April 2006).

Tampering with Asylum
HAVE YOU EVER THOUGHT THAT AUSTRALIA'S recent policies on asylum seekers are wrong, but don't quite have the statistics to back up your views?

Baxter,'akin to the time in Nazi Germany'
I went to Baxter this Easter just past, and became more aware that this time is akin to the time in Nazi Germany when the concentration camps were being set up.

Asylum seeker denied medical help, court hears
An Iranian asylum seeker was denied access to psychiatric help, despite slashing himself several times inside South Australia's Baxter detention centre, the Federal Court in Adelaide has heard.

Once You've Been to Baxter You Can't Sit on the Fence
I spent this Easter in the desert. I spent this Easter protesting at Baxter detention centre to draw the world's attention to the injustice of Australia's racist and inhumane mandatory detention system and treatment of asylum seekers.

Detention Centres, Solitary Confinement
On Friday night the NSW Council for Civil Liberties awarded Sydney solicitor John Marsden honorary life membership. Julian Burnside was invited to make the speech in Marsden's honour. In the course of his speech, Burnside referred to the unregulated use of solitary confinement in Australia's immigration detention centres, criticising it as inhumane and also as unlawful.

MP urges asylum seekers' release
A federal Coalition MP has called for the release of all asylum seekers being held in immigration detention centres.

Australian held in Baxter detention centre
It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

Did Cornelia Rau have a mental illness?
CORNELIA Rau returned to psychiatric care in Adelaide, just days after being released into the community, appears to be very suspicious indeed!

Submission to Senate: Inquiry into Mental Health 2005
We appreciate that the urgent issues of Human Rights and other abuses including institutionalisation and the use of force, and the lack of progress on Burdekin are being examined by the Committee.

Govt defends decision to detain Korean woman?
The Immigration Department says there was no unlawful detention in the case of a Korean woman recently held at South Australia's Baxter detention centre?

Rau ordeal a raw deal
Ms Rau spent time in a Queensland prison and a hospital before being handed to immigration authorities who kept her in detention for another four months.

Australian held in Baxter detention centre
It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

Lawyers want Baxter detainee released for treatment !
Lawyers acting for a hunger-striking detainee inside South Australia's Baxter detention centre have asked the Federal Court to order a psychiatric assessment for the man, saying he needs to be in mental health care, not detention.

Baxter protesters 'being denied water, sleep'?
One of the three Iranian men has been on the roof of the gymnasium since Sunday last week, with two others joining him on Tuesday.

Detainees urged to abandon rooftop protest!
Kathy Verran from Rural Australians for Refugees, says one of the men has since come down and has been taken into the management unit. solitary confinement for Xmas?

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Villawood detainees go on hunger strike
A refugee advocacy group says up to 200 detainees at the Villawood Detention Centre, in Sydney, have begun a hunger strike to draw attention to their situation ahead of the federal election.

Afghan children lose High Court battle against detention
Lawyers have lost their constitutional challenge to the detention of four children at a South Australian immigration centre. Four siblings from Afghanistan, aged between seven and 15, have been in detention since they arrived in Australia in 2001.

Democrats to keep up pressure over asylum seekers
The Australian Democrats will maintain their pressure on the next federal government over Australia's treatment of asylum seekers, if the party can retain its strength in the Senate.

Don't rock the Boat Howard!
PRIME Minister John Howard today denied the children overboard affair had swayed the 2001 election? Mr Howard has spent the week defending himself against claims he had been informed that nobody in Defence believed children had been thrown overboard by asylum seekers.

Baxter detainee continues hunger strike
A detainee at the Baxter detention centre near Port Augusta in South Australia has been on a hunger strike for a week. Sri Lankan Zeldon Daggie, 23, says he has been detained since arriving in Australia four years ago.

Senior cleric damns Baxter as 'disgraceful'
A senior world religious figure has called on the Federal Government to scrap its mandatory detention policy after visiting the Baxter detention centre in South Australia's north.

Australia's "GITMO" System
Australia's "GITMO" System In June 2002 on the PM program on ABC radio, PHILIP RUDDOCK is quoted as saying: "Well, let me just say, detention centres are not prisons. They are administrative detention.

Detention centre media ban criticised
The Howard Government has been criticised in a report by media freedom advocate Reporters Without Borders for stopping journalists covering the conditions in refugee detention centres.

Friday, July 8, 2005

Throw away the key

The one profession to get results on recidivism has been sacrificed to Labour's desire to lock up criminals in private prisons

UK: Patrick Carter is one of Downing Street's thinkers. He was asked to work out a way of streamlining the prison system at a time when the population has reached a record 76,000 and is estimated to hit 93,000 by the end of the decade.

But ever since Downing Street published the Carter review on the new National Offender Management Service (Noms) last winter, the criminal justice community has searched in vain for the evidence base and the business case.

Carter proposed the merger of two professional cultures: prison, which warehouses criminals and probation, which works on how and why offenders offend. To cut custodial sentences he proposed a sentencing regime designed to keep less serious offenders in the community - a scheme expected to fail under pressure from the tabloids and, therefore, Downing Street itself.

Noms is based on an ethic of efficiency and competition, unburdened by professional judgment and public service. But what evidence supports Noms? Judy McKnight is the general secretary of the National Association of Probation Officers, a union whose members, unusually, address the life and times of their clients - criminals - as part of their professional politics, and she has been told that we are not allowed to know.

She asked the Open Government Unit to give the business case for this new monster agency. That was in January. It took until May and the Freedom of Information Act to get a reply. The Open Government Unit said, yes, Noms is controversial and, yes, data is available; but, no, she can't have it. Disclosure would "impinge on the space needed by the government to debate all relevant issues"; it would "lead to speculation on the way Noms is being established", and this could "lead to a decline in support for the policy".

That fear is no doubt cemented by scepticism in the Home Office which, according to leaks, is afraid that the £4bn merger of the two services "faces a high risk of failure". It gets worse. According to the Open Government Unit, disclosure could "jeopardise" Noms by undermining the confidence not only of staff but of the judiciary. "Such prejudice" would be "detrimental to the public interest." "Business cases" may be revised and rejected but must not be revealed, says the unit. Why? Because public debate would "compromise" the procurement programme.

Ah, so it might deter the private sector. Carter proposed simultaneous integration and fragmentation of prison and probation. Scotland had a public debate and preferred a collegial, multi-disciplinary model. But England got a three-week consultation - over Christmas - and a merger. Management of the mega corrections agency would be informed by technical rather than professional values, and would be open to "contestability" - Carter code for privatisation. This will bury the small but sometimes beautiful probation service, probably the most feminised of the criminal-justice professions, and one of the most successful, into the large and largely unsuccessful prison system.

Noms's mission is to reduce re-offending, but custody yields a 60% recidivism rate. And putting more and more people in prison actually puts public safety at risk, says Professor Michael Jacobson, New York's former chief probation officer. He has been in Britain this month arguing that, contrary to myth, the city's crime was cut in the 1990s not by prison but by community punishment and probation. So, why privatise probation, rather than focus on reforming the big but unsuccessful prison service? We are left to guess - and my guess is that the government's view of what works with offenders has become that nothing works, that criminals are part of a larger residuum with criminal tendencies, and if we can't make them earn a legal living wage, and we can't kill them, all we can do is control them. So, criminal justice replaces social justice.

What sponsors crime, the kind of crime that drives communities crazy, is a dangerous kind of knowledge because it tells us so much about what people do with power and powerlessness, what can change and what it costs to create change; and not least what it is about men's culture - most offenders being men - that connects them to cultures of crime. The government bankrolled a research programme on crime and punishment, but that unpublished review has not been allowed to enlighten public debate about the cultures and causes of crime, and the possibilities and limits of change. Not-knowingness encourages the prevailing prejudice that nothing works and therefore public safety can only be gained by curfew, control and containment: if we can't cut their hands off, or their willies, or their heads, then lock 'em up and throw away the key.

This is the orientation that lurks behind the preference for a managerial and technical - rather than professional and public-service - response to crime and punishment. This approach empties the debate of the distinction between efficiency and effectiveness, suggests Richard Garside, the director of the Crime and Society Foundation. Tagging can be done by anyone, Tesco or Group 4. Super-prisons, by the efficiency logic, are better value for money than smaller prisons, and Group 4 can do prison just as well as Her Majesty. Containment is less challenging than addressing offenders' circumstances, the cultures and causes of crime.

The profession associated with change rather than containment is, of course, probation. But it has been disdained as public-service and "soft", even though it has delivered the most creative and challenging work with offenders to reduce recidivism. Pessimism begets prison and privatisation, and that is why the business case - if it exists - must stay secret. But there is hope; the Home Office, after all, has a new, nice team in Charles Clarke, Fiona McTaggart and Baroness Scotland, all thinking people. It is to be hoped that they're not entirely persuaded by the pessimists.

By Beatrix Campbell posted 8 July 05

Related:

Judges' misdeeds will remain secret
UK: Judges who are disciplined for bad behaviour will not have the findings against them made public under a complaints regime to be launched next year.

Prisoner total rises 15% in six years
England and Wales are continuing to jail offenders at a higher rate than any other major country in western Europe, it emerged today. New research indicates that the government's use of prison as its main tool of penal policy has increased by 15% since 1999.

CPS drops prosecution over death in custody
UK: The family of Roger Sylvester, who died after being restrained by police officers, yesterday expressed their disappointment at a decision by the Crown Prosecution Service not to prosecute any of the officers involved.

Prisoner's cell death
UK: A prisoner was found hanged in his cell last week, the Home Office said, fuelling criticism over the soaring number of suicides in custody.

Plans for five new 'superprisons'
Recent figures show a total of 75,550 prisoners were held in 139 jails in England and Wales, nudging up the previous record of April 2004 by just six inmates.

Prison has lost its way - report
UK: Bristol prison is suffering wide-ranging problems because of inconsistent management, the Chief Inspector of Prisons has said.

Row over acupuncture for prisoners
UK: The Home Office has responded to criticism over prison inmates who are being offered acupuncture on the NHS in order to relieve stress.

Number of prisoners sent back to jail trebles
UK: The number of prisoners being sent back to jail after release has nearly trebled in the past five years, according to a report published today.

Top judge says crowded prisons cannot break cycle of crime
UK: Reoffending rates after a prison sentence are at an "unacceptably high level" and the failure of the criminal justice system to stop prisoners reoffending should shock the public, England's top judge, [Ruling Class] Lord Woolf, said last week.

All the World's a Prison: History
No doubt many of my readers, even those who are well-educated or widely read, think that the prison -- the place where dark deeds are darkly answered[2] -- is an ancient institution, a barbaric hold-over from barbaric times. In fact, the prison is of relatively recent origin, and this tells us a great deal about the pretentions and realities of modern times, and the wisdom and high degree of development of the ancients.

Decade after inspector left in disgust, report tells of filth
UK: Dirty, mice-infested cells, high levels of self-harm, and widespread bullying over drugs and medications were just some of the damning findings of a report into conditions at Holloway, Britain's largest women's prison.

Most women 'should not be jailed'
Women make up 6% of the prison population in England and Wales. Imprisonment of women should be "virtually abolished", a prison reform group has said.

Youth 'murdered for officers' pleasure'
UK: An Asian teenager was murdered by a white racist after they were placed in the same cell as part of a game to fulfil the "perverted pleasure" of prison officers, a public inquiry heard on Friday.

Deaths in isolation as prison segregation increases
The use of segregation [solitary confinement] of prisoners as punishment has been increasing recently in Australia, the US, and the UK. Segregation can be used for protection or punishment, but in both cases it results in extreme psychological stress. An indication that segregation is being over-used is the appearance of deaths in custody from suicide of those placed in segregation.

Inquest blames jail for overdose death
UK: An inquest jury returned a verdict itemising a catalogue of faults at Styal prison in Cheshire, concluding that the prison's "failure of duty of care" contributed to the death of Sarah Campbell, 18, who took an overdose of tablets on the first day of her three-year sentence.

Put in the way of self-harm in a place intended to protect others
UK: Sarah Campbell, 18, spent the last hours of her life in the segregation unit of Styal prison, Cheshire. "The seg", as those places are referred to, used to be known as "the block", short for punishment block. [ Seg is a bullshit word for Punishment, Solitary Confinement, Torture, Mental Illness, Self-Harm, Human Rights Abuse and that is State Terror.]

Britain 'sliding into police state'
The home secretary, Charles Clarke, is transforming Britain into a police state, one of the country's former leading anti-terrorist police chiefs [false flag police chiefs] said yesterday.

UK solitary confinement
UK: Segregation units are prisons within prisons - the places where the most unchecked brutality is meted out to prisoners. In recent years conditions in high security segregation units have deteriorated, and the use of long-term segregation as a control mechanism has increased.

Inquiry must root out prison racists
UK: It is difficult to imagine a more brutal murder than that of Zahid Mubarek. The 19-year-old was clubbed to death by his cellmate at Feltham Young Offender Institution in the early hours of 21 March 2000. He was due to be released just a few hours later.

Prison suicides soar as jails hire 'babysitters'
UK: Prison officers are being taken off suicide watch and replaced by unqualified 'babysitters' because the system is overwhelmed by an epidemic of self-harm.

Plan to sell off juvenile jails as job lot
UK: The government is to put out to tender all its dedicated juvenile jails that hold children under 18 in a departure in Whitehall's privatisation programme.

Failure to sack 'racist' prison staff condemned
UK: Two prison officers suspended for racism are still on full pay three years after a stash of Nazi memorabilia, neo-fascist literature and Ku Klux Klan-inspired 'nigger-hunting licences' was found in a police raid on their home.

Report slams 'unjust' jailing of women on remand
UK: Six out of 10 women sent to jail while they await trial are acquitted or given a non-custodial sentence, a report published today reveals. Introducing the report, Lady Kennedy QC calls for a complete review of the use of remand and bail for women saying it is "inhumane and unjust".

Concern as UK prison suicides hit record level
UK: More prisoners took their own lives in English jails in August than in any other month since records began, prison reformers said today.

End of years of despair as Holloway closes its doors
But now Holloway prison in north London - where Ruth Ellis, the last woman to be executed in Britain, was hanged in 1955 - has been earmarked for closure, along with several other women's prisons, which have been hit by a spate of suicides.

How detox and self-help brought suicide jail back from the brink
UK: Six suicides in 12 months made Styal jail notorious and the Prisons Ombudsman criticised the prison and its staff for serious failures. But things are changing.

Belmarsh detainees consider suicide, says freed man
UK: The first of the Muslim detainees released from Belmarsh high security prison after being held on suspicion of terrorism has told the Guardian his fellow prisoners are suffering such severe mental problems that they constantly consider suicide.

Suicides and unrest have soared, admits Home Office
UK:The already overcrowded prison population is set to go on rising and will top 80,000 within the next three years, a senior Home Office civil servant warned yesterday.

England tops the EU in imprisonment
England and Wales jail more offenders per capita than any other European, Union country, according to new figures.

Wednesday, April 6, 2005

Baxter,'akin to the time in Nazi Germany'

I went to Baxter this Easter just past, and became more aware that this time is akin to the time in Nazi Germany when the concentration camps were being set up.

To their shame, and for some of them, to their demise, the citizens then did nothing while their government set up these camps, and rounded up the "undesirables." The Jews, the unionists, independent women, gypsies, gays and other classed as deviants.

How can I sit by while that happens again? How can you?

The private global corporation running the detention centres makes money off of the incarceration of children kidnapped from primary schools, and off of mental patients tortured for months, and off of people who have committed no crime and who are accused of no crime, who are locked up for nothing but fleeing for their lives and seeking asylum here.

I was not too worried about being charged for flying a kite at Baxter, because even if I was locked up for this, I would know what the charge was, and how long the incarceration was for. This is more than those adults and children (including orphans!) detained indefinitely in our concentration camps have.

Why not come and join me next Sunday at the local concentration camp for "undesirable foreigners", Villawood, gathering 10:30am at Villawood Train Station for a march to the privatised detention centre.

FROM THE REFUGEE ACTIVE COALITION NSW:

1) Protest at Villawood detention centre - for the release of all asylum seekers and to condemn the DIMIA raids on schools when they snatched kids and put them into Villawood. Meet at 10.30am Sunday 10 April at Villawood station, and then march to Warraweena Rd entrance of the detention centre. We had already planned for this protest to involve kite-flying. After the famous "Operation Pop Balloons" by the cops at Baxter, why not bring balloons as well as kites for this protest? If you don't have either, just bring yourself, placards, banners, noise-makers, etc.

(2) Rally to support the refugee activists. 9am Tues 12 April at Downing Centre Court, cnr Liverpool and Elizabeth Sts, City

On 1 December 2004, Australian Federal Police and DIMIA officers raided the homes of several refugee activists. They charged four of them with signing false passport statements. Two of the charges have already been dropped as the police realised they had no case. The charges relate to escaped asylum seekers who left Australia rather than spend more time in detention or be deported back to serious danger.

The real crime is what goes on in the detention centres, the insecurity and uncertainty of TPVs and the prospect of deportation. To help refugees is not a crime. ALL the charges should be dropped.

(3) Anti-deportation public meeting, 6-8pm Thursday 21 April, Teachers Federation 23-33 Mary St, Surry Hills

Speakers: Phil Glendenning (Edmund Rice Centre and co-author of recent report, Deported to Danger) Sally McManus (Australian Services Union Executive President) Fashid (Iranian ex-detainee) Ian Rintoul (Refugee Action Coalition)

By Norrie MAy-Welby 6 April 05

Related:

Asylum seeker denied medical help, court hears
An Iranian asylum seeker was denied access to psychiatric help, despite slashing himself several times inside South Australia's Baxter detention centre, the Federal Court in Adelaide has heard.

Once You've Been to Baxter You Can't Sit on the Fence
I spent this Easter in the desert. I spent this Easter protesting at Baxter detention centre to draw the world's attention to the injustice of Australia's racist and inhumane mandatory detention system and treatment of asylum seekers.

Detention Centres, Solitary Confinement
On Friday night the NSW Council for Civil Liberties awarded Sydney solicitor John Marsden honorary life membership. Julian Burnside was invited to make the speech in Marsden's honour. In the course of his speech, Burnside referred to the unregulated use of solitary confinement in Australia's immigration detention centres, criticising it as inhumane and also as unlawful.

MP urges asylum seekers' release
A federal Coalition MP has called for the release of all asylum seekers being held in immigration detention centres.

Rau ordeal a raw deal
Ms Rau spent time in a Queensland prison and a hospital before being handed to immigration authorities who kept her in detention for another four months.

Australian held in Baxter detention centre
It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

Lawyers want Baxter detainee released for treatment !
Lawyers acting for a hunger-striking detainee inside South Australia's Baxter detention centre have asked the Federal Court to order a psychiatric assessment for the man, saying he needs to be in mental health care, not detention.

Baxter protesters 'being denied water, sleep'?
One of the three Iranian men has been on the roof of the gymnasium since Sunday last week, with two others joining him on Tuesday.

Detainees urged to abandon rooftop protest!
Kathy Verran from Rural Australians for Refugees, says one of the men has since come down and has been taken into the management unit. [solitary confinement for Xmas?]

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Villawood detainees go on hunger strike
A refugee advocacy group says up to 200 detainees at the Villawood Detention Centre, in Sydney, have begun a hunger strike to draw attention to their situation ahead of the federal election.

Afghan children lose High Court battle against detention
Lawyers have lost their constitutional challenge to the detention of four children at a South Australian immigration centre. Four siblings from Afghanistan, aged between seven and 15, have been in detention since they arrived in Australia in 2001.

Australia's "GITMO" System
Australia's "GITMO" System In June 2002 on the PM program on ABC radio, PHILIP RUDDOCK is quoted as saying: "Well, let me just say, detention centres are not prisons. They are administrative detention.

Senior cleric damns Baxter as 'disgraceful'
A senior world religious figure has called on the Federal Government to scrap its mandatory detention policy after visiting the Baxter detention centre in South Australia's north.

Detention centre media ban criticised
The Howard Government has been criticised in a report by media freedom advocate Reporters Without Borders for stopping journalists covering the conditions in refugee detention centres.

Baxter detainee continues hunger strike
A detainee at the Baxter detention centre near Port Augusta in South Australia has been on a hunger strike for a week. Sri Lankan Zeldon Daggie, 23, says he has been detained since arriving in Australia four years ago.

Democrats to keep up pressure over asylum seekers
The Australian Democrats will maintain their pressure on the next federal government over Australia's treatment of asylum seekers, if the party can retain its strength in the Senate.

Monday, January 24, 2005

The prison system requires assiduous oversight

As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

NSW: The Sydney Morning Herald also reported:

"The appointment [of an I-G] reflects dissatisfaction within the Government, based on its experience of the prison system in Opposition, concerning the rising number of complaints about the system to the Ombudsman, reports showing increased violence in jails and dissatisfaction with the monitoring of operations at the State's only privately run prison in Junee.

Government sources confirmed yesterday that the appointment would go ahead despite unease within the Department of Corrective Services about the new layer of accountability that the appointment of the inspector-general will force on the department."

...and Peter Breen MP in 2003 added:

"Some issues of prisoners seem trivial by our standards - we often wonder how they can develop and blow up to such an extent that they cause confrontations, and often assaults and serious injuries. A couple of areas cause problems for prisoners.

It is worth noting them in the context of this debate because, in my experience - which is only limited - the I-G has been able to deal with these issues in a way that I believe the Ombudsman has been unable to.

I refer to [Official] visitors - a matter of great concern to prisoners - and to what prisoners term 'buy-ups'...I do not believe the Ombudsman has the same status and rapport with prisoners, with those who represent their interests or with community groups as the I-G."

And regarding Official Visitors during the same debate, John Ryan (Labor) put it in Parliament:

"The value of official visitors is that they have been independent of the department and have been seen as an external agency able to make contact with inmates. Their role would be destroyed if they were to become the responsibility of the directorate...there is no requirement for the Directorate to report to Parliament, and thereby to the public, and its reports remain a closed shop. No one would ever know what was in them or whether they were implemented."

UTS: COMMUNITY LAW CENTRE

The abolition of the Office of the Inspector General of Prisons: Legal Briefing Paper

Acknowledgements


This report was prepared by: Julia Beehag, Adam Fletcher, Violey Foulis, Krishni Goonesna, Lynda Maitland and Vicki Sentas

This report was coordinated by Louise Buchanan between March and August 2004 and by Krishni Goonesena between September and December 2004.

Thanks to Justice Action for providing us with the brief for this paper, including providing the specific details of Ms Timbrell's case.

Special thanks to Simon Moran from the Public Interest Advocacy Centre (PIAC) for legal advice on the powers and obligations of the NSW Ombudsman.

1. Introduction

This briefing paper was prepared by volunteer law students at the UTS Community Law Centre to provide information for Justice Action on prisoner complaint handling in NSW. We will examine the impact of the abolition of the role of the Office of the Inspector General of Prisons and the transfer of some functions of that role to the NSW Ombudsman.

Initially we provide important background information to the report, which was initiated by a case where a person was denied visiting rights to a prisoner on the grounds of smuggling drugs into the prison. We have concerns about the lack of appeal against such decisions, and shall discuss the international law implications and possible affect on civil liberties.

We then detail the history of the Office of the Inspector General of Prisons (I-G), examine legislation, and identify which of the functions of that Office, were taken up by the NSW Ombudsman. We compare the effectiveness of the I-G to that of the Ombudsman in dealing with prisoner complaints by analysing statistics from annual reports.

We examine legal and policy issues arising from the abolition of the I-G and the challenges faced by the NSW Ombudsman's office in effectively handling prisoner complaints.

Finally we discuss the role and functions of Official Visitors and raise concerns about their independence.

2. Aims of this briefing paper

* To examine the roles of the NSW Ombudsman and the now expired Office of the I-G in relation to dealing with prisoner complaints.

* To conduct a comparative analysis of both the legislation and the practice of the I-G and the Ombudsman, highlighting the strengths and weakness of both models.

* To consider the role of Official Visitors during the existence of the I-G and currently.

* To raise questions and areas that could be the subject of future research.

* To make recommendations for improvements in dealing with prisoner complaints

3. Methodology

There were various research strategies undertaken in preparing this paper:

* We undertook detailed comparative analysis of legislation, regulations and annual reports.

* We made contact with the NSW Ombudsman's office to obtain information about how the new Corrections unit for prisoner complaint handling works in practice.

* We researched the NSW Parliamentary website and Hansard papers.

* We analysed material provided by Justice Action on the Timbrell case and the Dalton Avery review.

* We conducted research of various journal articles on the role of NSW Ombudsman and the prison system.

[Questions: Is it possible or relevant to consider interviewing prisoners to determine their satisfaction with the NSW Ombudsman's complaint handling procedures?]

4. Background

This investigation into the consequences of the abolition of the Office of the NSW Inspector-General of Prisons (I-G) was prompted by the matter of Josephine Timbrell.

Ms Timbrell made a complaint to Justice Action after the Department of Corrective Services (DCS) accused her of bringing 5.1 grams of green vegetable matter into Goulburn Gaol.

This was based on evidence allegedly comprising a cell search and the testimony of the person she visited, Mr Russell Dinan, her fiance.

Mr Dinan denies ever having given such a testimony, and despite the DCS claiming the video was given to the police to investigate further, the Police, when contacted, could not confirm this.

In February 2003 Ms Timbrell was notified by DCS of the ban, effective until 2005, and through Justice Action she complained to the NSW Ombudsman and to the I-G. Ms Trimbrell wanted her rights restored so she can take her young sons to visit his father, at Mannus Correctional Centre, before 2005. We note that both the Ombudsman's Office and the I-G advised her that they could not assist her as she had not exhausted the DCS' internal appeals process.

Ms Timbrell decided that trying to traverse the DCS internal appeals process yet again, after receiving conflicting information from DCS and the Police, as an impossible task. Ms Timbrell's relationship with her fiance has now ended due to the mistrust caused by the allegations that he had made a statement against her. Due to the continuing visitor ban, Ms Timbrell's sons have not seen their father since December 2002 .

4.1 Visitor Bans Generally

The correspondence between Justice Action and the NSW Ombudsman's office highlights some issues that are important, and which require further investigation. For example, the NSW Ombudsman stated that:

"Citizens have no actual rights to visit inmates in correctional centers under the law. It is a privilege granted by individual Governors and the Commissioner whose primary responsibility is to maintain the security and good order of correctional centres.

The Crimes (Administration of Sentences) Act gives Corrective Services staff the power and discretion to restrict or refuse visiting privileges where there are reasonable grounds for believing that the security and good order of correctional centres might be jeopardized by allowing further visits to proceed.

Such decisions are discretionary decisions. The law does not require them to prove any offences before imposing a ban. They only have to form a reasonable opinion that it is necessary"

While the power to restrict or refuse visitor bans is given, in fact, there is no mention in the Crimes (Administration of Sentences) Act 1999 of outright visitor bans. In the Crimes (Administration of Sentences) Regulations 2001, Division 5 deals with General restrictions on Persons who may visit.

Section 103 and 105 state that the Governor or Commissioner may bar persons from visiting prisons if they are of the opinion that the visit would prejudice the good order and security of the prison.

This would appear to be highly discretionary and limit any right of appeal to, or review by, an administrative judicial body. In only requiring the DCS to form an 'opinion' to prove offences, it also appears to limit any right to natural justice.

4.2 Australia's International Obligations

It is possible that theBold discretionary decisions of the DCS regarding visitation bans could be in contravention of Australia's international obligations under at least two ratified treaties.

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights was ratified in Australia on 13 November 1980. Article 10 states that:

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. It is therefore possible to argue that not allowing Ms Timbrell's son to see his father is not treating him with humanity and respect and would not promote his reformation and social rehabilitation.

The International Covenant on Civil and Political Rights is currently under review by the United Nations.

Convention on the Rights of the Child

The Convention on the Rights of the Child was ratified in Australia on 16 January 1991. Article 3 states that;

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Article 7 states that:

1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.

It would appear that DCS did not have Ms Timbrell's son's best interests in mind when enforcing the visitor ban, and not being able to visit his father would severely impact on his right to know his father.

[Question: Is there information available on possible breaches of Australia's international obligations in relation to visitor bans?]

7.4 Complaints made through Justice Action

Justice Action has received numerous complaints from inmates at the High Risk Management Unit (HRMU) at Goulburn about general conditions affecting inmate health, such as lack of natural light and ventilation. Inmates requested Justice Action act on their behalf in making complaints about these conditions.

To do this, direct authorities were required from the prisoners as the Ombudsman had determined that it 'was not necessary to pursue enquiries on the basis of a complaint from a third party, such as Justice Action" . Correspondence to the prisoners containing the authorities was never received. A written complaint was then made by Justice Action on the 19th December 2003.

Correspondence detailing the outcome of inquiries was not received from the Ombudsman's Office until 21st June 2004, six months later. This issue had still not been finalised as the Commissioner of Corrective Services had "yet to articulate the grounds for his forming the opinion that receipt of the letters was likely to prejudice the good order and security of the correctional centre" .

It was only on the 25th November 2004 that the NSW Ombudsman could write to Justice Action to inform them of the Commissioner's views, a full eleven months after the initial complaint was made.

By the NSW Ombudsman taking an inordinately long period of time to investigate this complaint about authorizations from prisoners, the real issue about conditions at the prison affecting inmate health has been ignored, or at best, sidelined.

Conclusion:

Whilst the Ombudsman's office has had an increase in staffing levels, it appears that this has not translated into a decrease in the time taken to finalise complaints, and in fact, is markedly worse than the complaint finalisation horizon under the I-G.

It is disturbing that such few complaints are formally investigated by the Ombudsman compared to those of the IG, while an increase in funding to the Ombudsman's Office would provide extra staff and improve complaint resolution time. Unfortunately there is no publicly available information on funding given to the Office of the IG or what extra funding has been received by the Ombudsman's office since the expiry of the Office of the I-G.

There is a lack of accountability from DCS in not being required to implement any recommendations of the Ombudsman's office. Also the role of the Ombudsman is too restrictive in not being able to review prisons.

Therefore we recommend that the Corrections team be reviewed after one year of processing prisoner complaints. The review should also include figures on how Official Visitors have contributed to complaint resolution, with the results being tabled in Parliament to determine if prisoner complaints are being appropriately addressed.

The Ombudsman has no similar power to the I-G to investigate or comment on Official Visitor reports (as outlined in page 11). This report should also detail the level and nature of the investigation and conciliation training that the Correctional Services team is given to enable them to handle prisoner complaints.

10. Recommendations

Recommendation 1:

1) That the Office of the I-G be re-instated the training of Official Visitors be undertaken by that Office; or
2) That Official Visitors be trained by the NSW Ombudsman; or
3) That Official Visitors be trained by an independent body.

Recommendation 2:

1) Reinstate of the Office of the I-G inclusive of all legislative provisions; or

2) Amend the Ombudsman Act 1974 (NSW) to include sections equivalent to 213(1)(e), 213(1)(f), 213(1)(g) and 213(1)(m) of the Crimes (Administration of Sentences) Act 1999 (NSW).

Recommendation 3:

1) Reinstate the I-G, or establish a new independent body, or empower an existing independent body to: -make recommendations to the Minister for Justice on ways in which procedure of the DCS can be improved, and -investigate and comment on reports of the Official Visitors and Community Advisory Councils, and -fully implement all of the functions that were covered by the Office of the I-G

Recommendation 4

1) Increase funding of the NSW Ombudsman to expand current staffing of the Corrections Team, to allow for increased investigation of complaints and decrease the time taken to finalise complaints; and

2) Conduct a review of the first year of the NSW Ombudsman's Corrections team, including figures on how Official Visitors have contributed to complaint resolution, with the results being tabled in Parliament to determine if prisoner complaints are being appropriately addressed. This report should also detail the level and nature of the investigation and conciliation training that the Correctional Services team is given to enable them to handle prisoner complaints.

Recommendation 5:

Re-instate Office of Inspector General or an equivalent including in its functions:

1) responsibility for reporting on Official Visitors; and
1) power to report directly to Parliament.

Recommendation 6

1) Legislation, regulations or publicly available policies and guidelines should provide a clear and definitive explanationBold of the role and functions of Official Visitors.

Recommendation 7:

1) Official Visitor training should be provided by an independent body and not by DCS.

Recommendation 8:

1)Official Visitors should report to the NSW Ombudsman or another independent body.

11. Conclusion

The Office of the Inspector General played an important role in providing not only an effective and timely prisoner complaint handling process, but also a review process that investigated prisons, made recommendations on procedure and oversaw training of, and reports made by, Official Visitors.

The legislative provisions governing the Office of the I-G under the Crimes (Administration of Sentences) Act 1999 remain intact yet are dormant due to the 'sunset' clause which expired the position of the I-G after 1st October 2003. Therefore in theory it would not be difficult to reinstate the Office of the I-G to allow effective complaint handling and prison oversight.

However the political reality of such a revival of the Office is unlikely given the political climate plus the financial cost of re-establishing a bureaucracy that has been so recently dismantled. On this basis, we have made recommendations that are mutually exclusive of that outcome. For example, training of Official Visitors may be carried out by the NSW Ombudsman or another body independent of the DCS. The review functions performed by the I-G could now be legislatively provided for in the Ombudsman Act 1974 or by a new or existing independent body.

With the expiry of the Office of the I-G, most functions performed by that Office have now been assigned in full to the NSW Ombudsman. The Ombudsman has since established a Corrections Unit of five staff that is responsible for handling prisoner complaints. Information should be made publicly available on how much of the I-G budget has been transferred to the Ombudsman and why complaint finalisation times have increased by over two and a half times under the Ombudsman. At the very least, there should be a review conducted of this new team's first year performance that includes information on the training provided to staff in complaints investigation and finalisation as well as how Official Visitors have contributed to complaint resolution.

Official Visitors have been a part of the prison management system in NSW for a very long time. Even so, there is very little publicly available information on the role and functions of Official Visitors. We submit that this information should be detailed in regulations, policies or guidelines. The independence of Official Visitors was assured when they were trained outside the DCS by the Office of the I-G, and it is of great concern that their training has reverted to the Executive Director, Probity and Performance Management, a division of DCS. This arrangement should cease, and training be undertaken by an independent body. Our recommendation is that Official Visitors report directly to the Ombudsman, thereby ensuring independence of the complaints handling.

Effective oversight of prisons is vital not just for maintaining prisoner rights but also for increasing public confidence in the prison system. A mechanism that provides an independent body, ideally the I-G, to report directly to Parliament on how prisons are being run and how procedures can be improved, without the need to defer to the DCS or the Ombudsman would provide this truly transparent and accountable process.

While this paper aims to answer questions about the abolition of the Office of the I-G, it also seeks to raise questions that could form the basis of further research & discussion.

by JusticeACTION Monday January 24, 2005

Related:

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

Isolation, psychiatric treatment and prisoner' control
The 2003 NSW Corrections Health Service (now Justice Health) Report on Mental Illness Among NSW Prisoners states that the 12 month prevalence of any psychiatric disorder in prison is 74%, compared to 22% in the general community, and while this includes substance disorder the high rate cannot be attributed to that alone.

Where the Norm is Not the Norm: HARM-U
In the absence of public policy, this paper is an attempt to shine a light through the rhetoric and test for coherency in the policy and function of NSW’s only supermax prison, the High Risk Management Unit. Its present use will be compared with the ‘vision’ flogged by the Premier and the Department of Corrective Services (the Department) at its inception in 2001.

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Government justice not personal justice
Mr Brett Collins of Justice Action said, "Victims should be looked after properly by implementing restorative justice measures and victims should be compensated for their pain and suffering. " However prisoners are entitled to serve their sentences in peace and privacy as well."

Sentencing: Violent crime and practical outcomes
In addition introducing restorative justice programs giving the offender a chance to interact with the offended person if they wish and visa-versa. People are not "dogmatic" therefore should be given a second chance opposed to Life means Life!

Carr Govt dramatic increases in the NSW prisoner pop...
Following the opening of the 500 bed Kempsey prison, and a new 200-bed prison for women at Windsor the Council of Social Service of NSW (NCOSS) and community organisations specialising in the rehabilitation of prisoners, have expressed concern....

Wednesday, January 19, 2005

Judge blasts security firm over shackled defendants

ONE of WA's most senior judges has severely criticised the company that guards prisoners at the state's courts, after two prisoners were brought to the dock in shackles against her wishes.

WA District Court Chief Judge Antoinette Kennedy took the extraordinary step of summoning a security supervisor for the AIMS Corporation on a contempt of court charge, after two high-risk prisoners appeared before her in leg irons and handcuffs.

In court, last week James Andrew Sweeney, 28 - one of the nine men who last year escaped from the custody cells in Perth's Supreme Court - appeared before Judge Kennedy in chains, after she had earlier warned AIMS guards she did not want to see him handcuffed.

After having ordered the custody supervisor, Chris Blottin, to appear before her for contempt, white supremacist lead Jack Van Tongeren was then also brought to court in shackles, prompting Judge Kennedy to say she would not tolerate the apparent disregard of her orders.

"The service that AIMS is providing, if you can call it that, cannot continue," Judge Kennedy said.

Despite the censure, at a later hearing for Van Tongeren in Perth Magistrate's Court, he again appeared in shackles. His lawyer Michael Clarke expressed his displeasure to magistrate Pamela Hogan.

"It appears someone is not getting the message," Mr Clarke said.

Representing Mr Blottin at his contempt hearing this afternoon, lawyer Basil Georgiou said the AIMS officer profusely apologised for his actions, claiming he had not acted in deliberate defiance of the judge but out of a concern of possible escape.

In reply, the judge said she accepted Mr Blottin's apology but the problems with AIMS had been going on for years.

"If this was just a one-off incident then I would not have taken such drastic action. But this is not a one-off; it has been going on for three years," Judge Kennedy said.

"It is unthinkable that a judge's order would not be obeyed, and unthinkable a supervisor would countermand a judge's order."

The judge's comments are the latest in a series of setbacks for AIMS, widely criticised after the mass breakout from the Supreme Court last year.

That led to AIMS being dumped from guarding prisoners at WA's Supreme Court, and being fined more than $420,000 by the state government.

By TIM CLARKE posted 19 January 05

Shackles

A house divided
Plantation owners and overseers used heavy iron shackles to punish and humiliate defiant slaves, both men and women and especially those who tried to run away. Slaves who had been sold were also shackled while being moved to another location. Arm and leg shackles were the most common type of restraints, but stocks, neck collars, and the ball and chain were also used. This pair of iron leg shackles is typical of the kind used on Southern plantations during the mid-nineteenth century.

Related:

Crisis Brewing in State Jails
WA: Figures released today reveal one of the states worst kept secrets 'the prisons are filling fast and will soon be overflowing. The ABS figures released today showed that Western Australia's imprisonment rate continued to outstrip every other state in Australia.

Tuesday, December 21, 2004

London police may moor prison ship on Thames

"Vernon C. Bain Correctional Center." Hunts Point in the Bronx."This floating jail shared the name of the family that once owned my ancestors."

Last month, Chief Inspector of Prisons Anne Owers condemned the ship as "merely an expensive container – and in the wrong place".

UK: The London police are holding discussions about possibly mooring a prison ship on the River Thames in a bid to ease pressure on the spiralling prisoner population.

"The Metropolitan Police Service needs to increase its cell capacity and is currently in negotiations with the HM Prison Service in relation to the use of a prison ship," a police spokesman said.

The spokesman says a decision is expected at the end of the year after the idea has been assessed for suitability and possible locations for mooring have been checked.

Britain's first prison ship, HMP Weare, is currently berthed at Portland in Dorset. Last month, Chief Inspector of Prisons Anne Owers condemned the ship as "merely an expensive container - and in the wrong place". She said the ship should be closed down unless a massive amount of cash was spent on refurbishment.

A Home Office spokeswoman said no decision had yet been taken on the ship's future but if it were sold, a "competitive price" would be sought. HMP Weare was a troop ship which Britain deployed in the 1982 war with Argentina over the Falkland Islands in the south Atlantic. It later became a floating jail in the United States. The UK Government bought it in 1997 as a temporary overcrowding measure and intended to close it in 2000. It now holds 400 inmates.

Although the jail was generally a safe place, last month inspectors said it was "unacceptably cramped and claustrophobic" with no access to fresh air in cells. Ms Owers said "despite the best efforts of staff or managers, HMP Weare is entirely unsuitable for its present function as a 21st- century category C training prison. "Millions of pounds of capital investment would be necessary to make it more suitable - indeed, even to keep it seaworthy and safe will require significant resources," she said.

Scandal of society's misfits dumped in jail
Up to 70% of inmates in Britain's jails have mental health disorders. In the first of a three-part series, Nick Davies hears their shocking stories.

By Millennium Fleet posted 21 December 04

Related:

Three Days in NYC Jails
Day 3 Monday, November 25, Before the sun came up, I was among a dozen or so inmates chained together to board a bus for Rikers Island. An iron-barred door was locked to separate the driver and a correctional officer from the rows of inmates seated in the back of the bus. Just before we pulled off, I overheard a senior officer change our destination to a place he called "The VCBC." We went to a dock at Hunts Point in the Bronx, and drove onto a boat. It was a floating jail.

The sign in front of the gates read: "Vernon C. Bain Correctional Center." The irony was overwhelming. This boat shared the name of the family that once owned my ancestors. And here I was, centuries later, being loaded back onto a ship in chains.

We were ordered to strip naked and prepare for cavity searches. A young inmate who voiced his reluctance to do so was dragged into a back room by three guards. Every man in line heard his cries as he was beaten.

"All The Way With The USA"
A former prime minister of Australia (1966-1967), Harold Holt, is widely remembered for his "All the way with L.B.J." endorsement of the Vietnam war. Today, the Australian government continues to unreservedly adopt policies and philosophies emanating from the U.S.A. This copycat behaviour extends to the privatisation of prisons and the overly harsh immigration detention centres that have been criticised by a report of the UN High Commissioner for Human Rights (2002).

The first private prison in Australia opened in 1990. Whilst the US has the highest proportion of its population in prison, the Australian state of Victoria now has the highest proportion of prisoners in its privately run jails. No other state in the world has a higher proportion of commercially housed and managed prisoners. Not surprisingly, in these time of globalised markets, not a single private prison in Australia is run by an Australian company. In truth, there aren't many local firms or brands left in any industries in this country.

Private prisons and immigration detention centres are good business for private operators because there is no financial risk involved. The government foots the bill for the construction of the facilities and then pays private contractors to run them. Since the basis of payment is the occupation rate of each prison, the more prisoners there are the more money the private operator can make.

There is a strong incentive to "get em there and keep em there". This is the same model that has emerged in the US. Amanda George is a community lawyer who has been active in opposing the privatisation of prisons in Australia, particularly those facilities which now hold 80% of the women who are serving time in Victoria. The following excerpts are from an article she wrote during the 1990s, when there was still time to halt the globalisation of Australian prisons.

* "One of the biggest hurdles prisoners and prison activists face is the silencing that occurs around prison issues. The Victorian government has now made it virtually impossible for the media to have access to prisons unless "to improve the public image of the department", according to the Corrective Services Director ... This sort of silencing occurs all the time around what goes on in prisons and is compounded by the pressure that transnational corporations can bring to bear on the media.

In the UK there is clear evidence that private prison corporations lobby governments on law and order policies. And why not? The more prisoners there are, the more business they get. In Junee [Australia] a local council member has won a contract to provide sporting equipment to the [privately operated] jail. Clearly this meshing of financial interest and politics is absolutely improper."

* "Not only is there money to be made inprivate prisons, there is money to be made out of prison labour. In Victoria prisoner labour brings in $5.5 million per year. In Queensland prisoners are working in the River of Gold Slate Mine. They get $5 a day, with a productivity bonus of $2 a day. The contractors certainly have a river of gold with those sorts of labour costs.

There is a long history of privatisation in prisons which seems to be coming full circle. Private contractors were [earlier] removed from corrections because of the high rates of deaths and abuse. ..."

* "In the US, private prisons are now executing people as part of their contract."
Federal and state governments in Australia don't seem to have been too concerned about who gets the contracts to run prisons here.

The organisation that originally managed federal immigration detention centres and a number of state prisons was founded by four former FBI agents in the 1950s. Not only does that corporation, which has grown enormously in the intervening years, have a dubious association with the CIA and the alleged manufacture of high-tech weapons and munitions for illegal export from the US to third-world customers, it has a positively dreadful, and very public, record of mismanagement of prisons and mistreatment of prisoners in its care. (According to an article in the Atlantic Monthly its board of directors has included; "a former head of the FBI, a former head of the Defense Intelligence Agency, a former CIA director, a former CIA deputy director, a former head of the Secret Service, a former head of the Marine Corps, and a former Attorney General.)

[Their name doesn't particularly matter, it's the underlying thinking and attitudes that are important in understanding prison privatisation]

A second major prisons contractor used by governments in Australia also has an unenviable track record. If the purpose of imprisonment was really rehabilitation and 'correction' it would seen that such a provider should have been eliminated during the tendering process. But no, they got the lucrative contracts anyway, because the purpose of a prison sentence is solely one of
punishment. The executive sent to Australia to run private prisons for this contractor had previously come to the attention of US courts. While working as director of corrections in Virginia and Arkansas he was found by the US Supreme Court to have violated the 8th and 14th amendments of the US Constitution, in respect to cruel and unusual punishment. Really just the sort of guy you want if your idea of prison is punishment.

Here are just a few of the prison management incidents (or failures in a duty of care) that have been reported in relation to the US owned for-profit corporations involved in managing Australian jails and immigration detention centres (the latter are really prisons as well, but they are never described as such - prisons are for punishment you see). The excerpts are taken from various reliable sources on the WWW; there is little doubt that the problems stateside were real.

* "... in Texas, a former inmate of the [...] run minimum-security lockup in Lockhart claimed she was raped repeatedly over a four-month period. In July 1998, as reported in the American-

Statesman, the former inmate filed a federal suit alleging that, although a prison internal affairs investigation found that the sex was not consensual, [...] officials failed to fire or reprimand the accused guard. The guard later quit after a second sexual assault allegation came to light.

Asked about the many allegations against the company, a [...] official spokesman told the St. Petersburg Times that the cases aren't that unusual, given the company's size. "The lawsuits were filed against us on allegations by inmates who are convicted felons," the spokesman told the Florida daily. "So they have a record of dishonesty and misleading people." Speaking of which:

* "In [...'s] Lockhart prison there are housed three private manufacturing companies. One of the companies Lockhart Technologies Inc, which produces circuit board assemblies, had a completely new factory assembly facility built by prison labour.

When this factory was completed, the owner of Lockhart Technologies closed down his plant in Austin, Texas, laid off his 150 employees and moved all the manufacturing equipment to Lockhart. The prisoners performing this work a Lockhart are paid minimum wages for this highly profitable work, and the prison keeps 80% of that for room and board. None of this comes as a surprise though when you consider that [...'s] board of directors consists of former members of the FBI, CIA and sections of the US military establishment. It has in the past developed quite a reputation [for] strike breaking, and for running covert operations against private individuals who are either - whistle-blowers, environmentalists, anti-nuclear activists and union organisers on behalf of various privately owned companies. It is also the largest provider of security related services to the US Govt."

* "At the Broward County work release facility in Ft. Lauderdale, allegations of sex between guards and inmates, and a successful escape, caused the county sheriff to ask for tighter oversight of the [...] facility. ... In June of 2000, the Florida state ACLU [a union] filed a public records suit against [...] for "stonewalling" access to records. The ACLU said they believed the documentation it sought would confirm ongoing allegations of sexual harassment, abuse, and "excessive profits" taken by the company."

* "Louisiana: In April 2000, allegations of guards abusing juvenile offenders prompted the state to take control of the Jena Juvenile Justice Centre run by [...], the Baton Rouge Advocate reported. The facility, opened in December 1998, was plagued by problems, including riots during the first month the facility was open, allegations of "abusive and untrained" guards, and lack of "meaningful" rehabilitation programs, medical care, and educational opportunities. The paper also reported that inmates also complained of shortages of food, supplies, and clothing.

According to the Advocate, juvenile inmates said they would purposely mutilate or attempt to kill themselves, hoping to get away from their tormentors."

* Santa Rosa, New Mexico: "On August 31, 1999, they took the opportunity to run amok, stabbing an inmate, then Garcia, several times. Why was Garcia left alone among the convicts?

Let's begin with [...'s] Jails R Us method of keeping costs down.

They routinely packed two prisoners into each cell. They posted just one guard to cover an entire "pod," or block of cells. This reverses the ratio in government prisons - two guards per block, one prisoner per cell. Of course, the state's own prisons are not as "efficient" (read "cheap") as the private firm's. But then, the state hadn't lost a guard in seventeen years - where [...] hadn't yet operated seventeen months."

* "On 5 April 2000. [...] agreed to surrender control of its 15- month-old juvenile prison in Jena, after the US Justice Department named [...] in a lawsuit seeking to protect imprisoned boys from harm at the hands of guards and fellow inmates. The government accused [...] of beating boys, throwing tear gas indoors, spraying them in the face with pepper spray, and not providing them with adequate education and counselling.

One incident highlighted the regime at the institution. In March 1999 Judge Mark Doherty had ordered a 17-year old boy - a shotgun victim - removed from the prison. The boy wrote the following testimony.

'A Sgt. came to me and said to put shirt in pants, and I told him that I couldn't and he 'put me to the ground and told me to lay face down on the ground. And I told the Sgt. that I couldn't that I have on a (colostomy) bag, and he went put me on the ground. He came with his knee in my stomach'."

The nurse at the prison's infirmary later noted that 5 to 6 inches of the boy's intestines were in the colostomy bag. One of the Justice Department's consultants. Nancy K. Ray wrote that Jena's difficulties stemmed largely from operating problems.

In Jena's first 13 months, more than 600 people 'drifted through 180 positions', including 125 who were fired in 1999, a gross turnover rate of more than 300%. Ray also observed that recreation and rehabilitative programmes were 'grossly inadequate'."

* Coke County Juvenile Justice Centre (Bronte,TX): "Several girls were sexually, physically, and mentally abused by [...] employees, including a man with [a] prior conviction for sexual abuse of a child; a lawsuit settled for $1.5 million (1999), TYC confirmed allegations that some staff members manipulated a "demotion/graduation" system to coerce girls into giving them sexual favours or dancing naked in front of them; some girls were raped or fondled, while others were made to disrobe and shower in the presence of male employees (1995).

A 15-year old female victim of sexual assault by a [...] employee committed suicide in [the] wake of [a] lawsuit settlement that allowed the company to avoid accepting responsibility (1999)."

* Mineral Wells Pre-Parole Facility-2000: "23 inmates and 6 staff contracted e-coli due to poor kitchen hygiene."

* "[...] runs a 200 bed detention centre, on behalf of the US Immigration and Naturalisation Service (INS), in Jamaica, Queens (New York) where asylum seekers who arrive without 'proper documentation' are held. [...] has a 5-year $49m contract with the INS. Recently religious leaders from Queens toured the Jamaica facility and raised concerns about the conditions in which the asylum seekers were being detained.

'The Jamaica detention centre is an unmarked structure of brown brick with video cameras perched on each corner. Slots 2 inches wide ventilate the centre, which has only a few windows atop one wall. Detainees live in open rooms of 20-30 beds, with communal showers and partially enclosed toilets. Men and women are housed in separate rooms. They eat food brought to them on trays, talk to their lawyers, play Ping-Pong, watch TV, sleep and bathe in the same locked area. There are few books in any language. Detainees get one hour of 'outdoor recreation' a day in a small courtyard.

Visits with family and friends happen in guarded rooms through Plexiglass booths with telephones.' (Newsday, New York [Queens Edition], 3.6.01)"

Given their record of abuse allegations and incidents of mismanagement, it is not at all surprising that the multinational (US owned) 'corrections' companies that Australian governments chose to run jails and detention centres on Australian soil have delivered much the same results here. For example there is the siting of the first privately run women's prison outside of America, at Deer Park in Victoria.

* "Fairlea women's prison (a state government run prison in the centrally located suburb of Fairfield, Melbourne, Victoria, Australia) [is to be] closed in June 1996 and the women there shunted 27 kms out of the city to the newly multinational-built Metropolitan Women's Correctional Centre, a new private prison, at Deer Park. A primary reason for the move is so the government can sell the valuable real estate Fairlea prison is on.

[...] got the land at Deer Park cheaply from the former owners Defence Industries of Australia. The site is known to be contaminated by rocket fuel and other military contaminants."

Other examples are:

* "The family of an Iranian boy said to be severely traumatised by 15 months in an Australian detention centre will today take legal action against the Federal Government and the operators of the detention centre. Josh Bornstein, of the law firm Maurice Blackburn Cashman, will seek damages from the Department of Immigration and Multicultural Affairs and [...] which ran the Woomera and Villawood detention centres. A spokeswoman for the law firm said the claim would be for a substantial amount." (The Age, October 26, 2003)

* "Australia's treatment of refugees in detention centres was the harshest in the world, federal human rights commissioner Sev Ozdowski said today. Dr Ozdowski said the billion dollar system removed basic liberties from refugees, resulting in levels of despair unseen in detention camps elsewhere. 'It (Australia's system) is the harshest - the harshest mainly form the point of view of the length (of detention),' he told seminar guests at Monash University. 'I've never seen the level of despair (in camps anywhere) that I've seen in Australia.' He said the longest a child had been held in detention in Australia was five years, five months. By April this year, 50 children had been detained for more than two years. Dr Ozdowski

... said the social implications of indefinite detention were shattering. Family life disintegrated, people became suicidal and he had seen children as young as 10 with signs of self-harm. He quoted from one detainee who said "it's 16 months since my detention. My life has been taken away from me ... I've become a useless person who wishes for death every day." ...

Dr Ozdowski, who was once himself a Polish refugee, also said the government's system of temporary protection visas (TPVs) was "ill conceived" "I personally believe that the TPV system is a disaster and we'll be paying for it for a long time." ... He said the biggest human rights abuses had occurred during riots at the centres. "(It happened) where basically control was lost and gas was used and physical force was used." he said. "You just don't keep people imprisoned for a long time with no good reason." Senator Vanstone issued a statement saying Australia was 'one of the great immigration success stories.' 'We have a generous, robust and ordered immigration system.' she said. (The Age, October 10, 2003)

* "The Commonwealth Ombudsman's office has confirmed it has received several complaints from detainees, particularly those put into detention centres with pre-existing medical conditions, claiming they have been denied treatment. ... One case being investigated by the Ombudsman involves a 37-year-old Lebanese man, Samir Abbas, who suffers from a heart condition known as Wolff-Parkinson-White syndrome. He was put into Villawood in February after overstaying his visa. His lawyer, Stephen Hopper, says Mr Abbas has been refused permission to have a heart operation which doctors say would control his recurring heart palpitations. Mr Abbas has offered to pay for the operation. It is claimed Mr Abbas suffered an 'episode' with his heart on Friday, but despite repeated requests to be taken to hospital, Villawood guards refused to act until his lawyer went to the ABC [media].

After media broadcasts, he was taken by ambulance to Bankstown hospital and kept overnight. Villawood management was rebuked by the deputy state coroner last month over the death of a Thai prostitute in September 2001. Villawood medical staff had refused to take her to hospital." (Sydney Morning Herald, May 16, 2003)

* "The Government has been hiding the real reasons why a private company lost the contract to run six immigration detention centres. ... Also covering up the poor performance is the Department of Immigration, Multicultural and Indigenous Affairs (Dima), which is acting in the commercial interests of [...]

BRW has discovered a serious contractual breach relating to [...] and its handling of an escape that the department is keeping secret. Despite the seriousness of the breach - and the amount of about [AU]$90 million in taxpayer's money paid to the company for each year of the contract - the Federal Government refuses to disclose details about why a default notice was served on [...].

The disclosure of Dima's default notice adds to continuing revelations about [...'s] poor operating performance at the six centres. It also brings into question the Government's claim that [...] lost the contract to manage the detention centres because of poor value for money rather than poor performance.

After a lengthy freedom-of-information request that began in May 2002, BRW has established that the department secretary, Bill Farmer, or his agent, issued a default notice to [...] under the contract. ... As a sign of the seriousness of the breach, Dima is not letting BRW see the document because of the harm it would do to [...]. The assistant secretary of unauthorised arrivals and detention services, Jim Williams, wrote to BRW on September 5: "I believe that there is a real risk that disclosure of the document would cause unreasonable harm to [...'s] business reputation and potentially prejudice its ability to perform competitively in its industry." (Business Review Weekly, September 26, 2003)

Mr Williams need not have worried about [...'s] business fortunes though, the company that replaced it in 2002 as the contractor for Australian immigration detention centres is now the subject of a conditional takeover offer by a renamed and rebadged [...]. If the truth were known, he probably had more reason to be worried about the safety of his family or his personal reputation and career.

He was dealing with the biggest, toughest and most highly connected corrections corporation in the whole American Military Industrial Complex (AMIC). Those 'Good-ol'-Boys' don't muck around, and few Australian bureaucrats have ever had to deal with anything like [...] before. They are putty in its hands.

While none of the global private prisons contractors now operating in Australia were involved in the following incident it is indicative of the industry that has developed in the US. The case is also quite revealing with regard to where the torture techniques recently reported at the Abu Ghraib prison in Baghdad might have originated.

* "Another incident of brutality captured on videotape has sparked an investigation against a Texas prison and a lawsuit against the county that contracted with it. A video surfaced depicting guards brutalising inmates at the Brazoria County Detention Centre who had been recently transferred from overcrowded prisons in Missouri. The detention centre is owned and managed by a for-profit corporation, Capital Correctional Resources, Inc. (CCRI) under contract with Brazoria County. The video, which had been taped during a routine drug search, showed guards kicking the inmates, forcing them to craw on the floor, sicking guard dogs on them and prodding prisoner's buttocks with a stun gun."

The interrogators at Abu Ghraib were CIA but the guards were mainly contractors from the US prisons industry, perhaps some came from Brazoria County, Texas.

However, the point about the range of abuses listed is not who was responsible nor who was ultimately to blame. The truly concerning aspect is that governments throughout Australia have chosen to take prisons and detention centres in this country down the same privatisation path; to the same awful conditions and human rights abuses. There is so much documentation available on the failures of for-profit prisons in the US that the Australian decision makers would have had to be both uninformed and incompetent not to be aware of the facts about the records of the contractors they appointed.

Why then did they do it? We can only speculate, but it is likely that the inner circle of political and business 'heavy hitters' in this country feel comfortable with their own kind from America. Both groups feel threatened by the looming changes due to the digital revolution, and they both want to hang onto control at all costs.

These people are not philosophers, they aren't deep thinkers, they are militarists, industrialists, and political warriors. Brutality and coercion appeal to them as means to keep the lid on the mega- change pressure cooker which this freesite terms the 2nd Renaissance.

In pursuing their goal of absolute control of every aspect of society these federal fascists will erode any vestiges of civilisation that remained at the end of 20th Century Dark Age. We need to discuss these trends on an Us-2Us basis, before they can take hold and do damage to innocent people in Australia, America, and other totalitarian-democracies.

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