A United Nations committee has determined that Australia violated its international obligations under the Convention Against Torture regarding an Iranian asylum seeker. The UN Committee Against Torture found that Australia exposed the individual to torture and ill-treatment during years of detention, both in Papua New Guinea and subsequently within Australia, and failed to provide adequate care and redress.
Background of the Case
The asylum seeker, an Iranian national, arrived on Christmas Island by boat in 2013, having fled Iran due to fear of persecution. Authorities subsequently transferred him to Manus Island in Papua New Guinea, where he was detained for approximately three years. During this period, the committee found he experienced "harsh conditions and serious violence," including an incident where a security guard allegedly cut his throat. The conditions reportedly caused severe physical and mental harm, including suicidal ideation, self-harm, and a chronic skin condition.
In 2019, he was evacuated to Australia for medical treatment but remained in immigration detention for nearly another three years despite documented "serious physical and mental health conditions." He was released into the community on a bridging visa in 2022.
Australia's Position and UN Rejection
Australia contended that it did not exercise effective control over detention facilities in Papua New Guinea and therefore did not engage its international obligations for individuals in regional processing countries. Australia maintained that it funded offshore detention facilities but did not control day-to-day operations. The government also asserted that the complainant received appropriate medical and mental health care and that his detention within Australia was lawful and subject to review.
The UN Committee Against Torture rejected these arguments. Committee member Jorge Contesse stated that human rights protection and international law obligations persist regardless of the relocation of detention facilities offshore. The committee determined that Australia's funding, management, and contracting of services at Manus established jurisdiction under the convention, aligning with previous UN human rights committee decisions concerning Australia's processing center on Nauru. Contesse emphasized that a state creating, maintaining, and retaining decisive influence over an offshore detention system remains responsible under international law.
Committee's Findings on Violations
The committee concluded that Australia failed to implement effective measures to prevent torture and ill-treatment during the complainant’s detention in Papua New Guinea and did not provide adequate rehabilitation and medical care. This was found to constitute "torture and cruel, inhuman or degrading treatment," violating articles 2(1) and 16 of the Convention Against Torture.
Furthermore, the committee found that the complainant’s subsequent immigration detention in Australia and prolonged deprivation of freedom lacked individualized assessment, also amounting to cruel, inhuman, or degrading treatment. Australia failed to demonstrate that this detention was reasonable, necessary, or proportionate, particularly considering the complainant’s previous years of offshore detention and documented vulnerabilities, including acute medical needs.
Directives and Broader Concerns
The UN Committee Against Torture has directed Australia to provide the complainant with full redress, including compensation and rehabilitation, and an opportunity for his protection claims to be examined by relevant authorities. The committee also requested a guarantee that similar violations of the convention would not reoccur. Australia's submission to the UN committee indicated the man remains in Australia on a bridging visa, with potential transfer to detention on Nauru if not resettled to a third country upon visa expiry.
The committee reiterated its "longstanding concerns about Australia’s offshore processing policy," noting that it has "repeatedly exposed asylum seekers to prolonged detention, uncertainty, and conditions causing severe physical and mental suffering." A federal government spokesperson stated that they are carefully considering the committee's views and will provide a response in due course.
Separately, the UN Human Rights Committee recently found that Australia retained responsibility for the arbitrary detention of asylum seekers transferred to Nauru. The UN refugee agency's acting director in Canberra, Karen Gulick, has urged Australia to review its laws and domestic policies to align with its international responsibilities. In a related event, riots at the Manus Island detention center in 2014 resulted in the death of another Iranian asylum seeker, Reza Berati, for which two facility staff were later jailed.