Justice Denied: The Tragic Case of an Indigenous Teen’s Death in an Australian Adult Prison

Indigenous Teen Dies in Australian Adult Prison

16-Year-Old Boy’s Death Highlights Dangers of Solitary Confinement

By | October 23, 2023

Last Thursday, a 16-year-old First Nations boy died after self-harming in pretrial detention in a West Australian prison. Even though he was under 18, the authorities held him at Unit 18 in Casuarina Prison—a maximum security prison for adult men. Two weeks before his death, his lawyers wrote to the Western Australian government begging he be moved over fears for his well-being. The boy had told his lawyers he was often given no more than one hour’s time out of his cell. On some days he was not let out at all.

The boy’s death under such cruel circumstances is a tragedy for his family and loved ones, who have called for Unit 18 to be closed. In a public statement, the family said the boy had no history of self-harm prior to his detention there.

The West Australian government opened Unit 18 in July 2022 claiming it was a “temporary measure” to house youth in the adult prison while the state’s only juvenile center, Banksia Hill, was undergoing repairs. Local advocates, families of detained children, and courts have repeatedly told the government that conditions in Unit 18 and Banksia Hill, including prolonged solitary confinement, are causing young people significant harm.

Human Rights Watch has long warned about the deadly consequences of solitary confinement in Australian prisons. While isolation can be psychologically damaging to any prisoner, it is particularly devastating for children. The 1991 Royal Commission into Aboriginal Deaths in Custody also found solitary confinement has a particularly detrimental impact on First Nations prisoners, many of whom are already separated from family, kin, and community. The report found that solitary confinement causes “extreme anxiety” and can induce self-harm. According to the United Nations expert on torture, prolonged solitary confinement “may constitute cruel, inhuman or degrading treatment or punishment or even torture.”

In November 2022, the UN Committee against Torture said it was “seriously concerned” about children in Australian juvenile detention centers being kept in solitary confinement. Under international human rights law, every child deprived of their liberty should be separated from adults.

The West Australian state government should act immediately to end the use of solitary confinement of children in detention and ensure proper access to culturally competent mental health services.

Editorial: Systemic Injustice in the Australian Justice System

This tragic incident highlights the systemic injustices that exist within the Australian justice system, particularly in how it treats Indigenous youth. The fact that a 16-year-old boy was held in a maximum security adult prison and subjected to prolonged solitary confinement is a grave violation of his rights and a failure of the system to protect and rehabilitate young offenders.

It is well-documented that Indigenous individuals in Australia are disproportionately represented in the criminal justice system. They are more likely to be arrested, detained, and incarcerated compared to their non-Indigenous counterparts. This overrepresentation is a result of longstanding systemic issues such as poverty, discrimination, and intergenerational trauma.

The death of this young Indigenous boy further underscores the urgent need for prison reform in Australia, with a specific focus on the treatment of Indigenous offenders. Solitary confinement, especially for minors, is widely condemned as a form of torture and degrading treatment. It goes against international human rights standards and has devastating effects on mental health.

Philosophical Discussion: The Ethics of Solitary Confinement

The use of solitary confinement raises important ethical questions. Is it ever justifiable to subject individuals to this extreme form of punishment, especially children? Is it fair to deny someone basic human rights, such as social interaction and freedom of movement, as a means of deterrence or retribution?

Proponents of solitary confinement argue that it is necessary for maintaining prison security and disciplining dangerous individuals. They claim that isolating prisoners helps prevent violence and protects staff and other inmates. However, critics argue that the negative psychological effects of solitary confinement outweigh any potential benefits.

From a utilitarian perspective, the harm caused by solitary confinement far outweighs any potential benefits. The suffering endured by prisoners who are subjected to prolonged isolation can lead to severe mental health issues, including anxiety, depression, and even suicide. This not only goes against the principles of rehabilitation and humane treatment but also creates a cycle of trauma that can perpetuate criminal behavior.

Furthermore, there is ample evidence to suggest that solitary confinement is not an effective deterrent or means of rehabilitation. Instead of addressing the root causes of criminal behavior, it exacerbates existing issues and hinders social reintegration.

Ultimately, the use of solitary confinement should be critically examined and alternatives explored. Restorative justice approaches, rehabilitation programs, and community-based solutions have shown promising results in reducing recidivism and promoting social reintegration. It is crucial for policymakers to prioritize these approaches and create a justice system that upholds the principles of fairness, justice, and compassion.

Advice: Urgent Steps Needed to Reform the Australian Justice System

The tragic death of the Indigenous teenager in an adult prison is a clear indication that immediate action is required to reform Australia‘s justice system. The following are some urgent steps that need to be taken:

1. End the use of solitary confinement for children: The West Australian government should immediately prohibit the use of solitary confinement for children in detention. It is imperative to provide young offenders with a safe and supportive environment that promotes their well-being and rehabilitation.
2. Invest in alternative solutions: Instead of relying on punitive measures, the government should invest in community-based programs, restorative justice practices, and rehabilitation services. Emphasizing education, mental health support, and skills training can help break the cycle of incarceration and promote positive life outcomes.
3. Address systemic injustices: The overrepresentation of Indigenous individuals in the criminal justice system must be addressed. This requires tackling root causes such as poverty, discrimination, and lack of access to social services. Collaboration with Indigenous communities and leaders is crucial to developing culturally responsive solutions.
4. Improve oversight and accountability: Independent oversight and monitoring of correctional facilities are essential to ensure the proper treatment of inmates and adherence to human rights standards. Enhanced accountability measures, including transparent reporting and investigations into deaths and abuses, are necessary to hold authorities accountable.

The tragic death of the Indigenous teenager in an adult prison should serve as a wake-up call for Australia. It is time to acknowledge and address the systemic injustices within the justice system, particularly the mistreatment of Indigenous youth. By implementing comprehensive reforms that prioritize rehabilitation, mental health support, and community engagement, Australia can build a fair and compassionate justice system that truly serves the needs of all its citizens.