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Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punishment, Article 1, Paragraph 1;

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Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punishment, Article 1, Paragraph 1; UNITED NATIONS CAT Convention against Torture Distr. and Other Cruel, Inhuman GENERAL or Degrading Treatment CAT/C/AUS/Q/4/Add.1 or Punishment 8 January 2008 Original: ENGLISH COMMITTEE AGAINST TORTURE Written replies by the Government of Australia* to the list of issues (CAT/C/AUS/Q/4) to be taken up in connection with the consideration of the fourth periodic report of AUSTRALIA (CAT/C/67/Add.7) [13 September 2007] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. GE.07-44291 (E) 210108 CAT/C/AUS/Q/4/Add.1 page 2 CONTENTS Page Article 2 ............................................................................................................................. 4 Issue 1 ......................................................................................................................... 4 Issue 2 ......................................................................................................................... 4 Issue 3 ......................................................................................................................... 20 Issue 4 ......................................................................................................................... 30 Issue 5 ......................................................................................................................... 38 Issue 6 ......................................................................................................................... 54 Article 3 ............................................................................................................................. 56 Issue 7 ......................................................................................................................... 56 Issue 8 ......................................................................................................................... 58 Issue 9 ......................................................................................................................... 60 Issue 10 ....................................................................................................................... 61 Issue 11 ....................................................................................................................... 62 Issue 12........................................................................................................................ 63 Article 4 ............................................................................................................................. 79 Issue 13 ....................................................................................................................... 79 Issue 14 ....................................................................................................................... 83 Article 5 ............................................................................................................................. 85 Issue 15........................................................................................................................ 85 Issue 16 ....................................................................................................................... 85 Articles 6, 7, 8, 9 ................................................................................................................ 85 Issue 17 ....................................................................................................................... 85 Issue 18 ....................................................................................................................... 86 Article 10 ........................................................................................................................... 86 Issue 19 ....................................................................................................................... 86 Issue 20........................................................................................................................ 87 Issue 21 ....................................................................................................................... 88 CAT/C/AUS/Q/4/Add.1 page 3 CONTENTS (continued) Page Article 11 ............................................................................................................................ 89 Issue 22......................................................................................................................... 89 Issue 23 ........................................................................................................................ 97 Issue 24 ........................................................................................................................ 129 Issue 25......................................................................................................................... 165 Issue 26 ........................................................................................................................ 168 Issue 27 ........................................................................................................................ 170 Issue 28......................................................................................................................... 170 Issue 29 ........................................................................................................................ 172 Article 12 ............................................................................................................................ 173 Issue 30 ........................................................................................................................ 173 Article 13 ............................................................................................................................ 175 Issue 31 ........................................................................................................................ 175 Article 14 ............................................................................................................................ 177 Issue 32 ........................................................................................................................ 177 Issue 33 ........................................................................................................................ 177 Issue 34 ........................................................................................................................ 192 Article 15 ............................................................................................................................ 192 Issue 35 ........................................................................................................................ 192 Article 16 ............................................................................................................................ 200 Issue 36 ........................................................................................................................ 200 Issue 37 ........................................................................................................................ 207 Issue 38 ........................................................................................................................ 216 Other ................................................................................................................................... 219 Issue 39 ........................................................................................................................ 219 Issue 40 ........................................................................................................................ 220 Issue 41 ........................................................................................................................ 222 CAT/C/AUS/Q/4/Add.1 page 4 Article 2 Question 1 Section 11 of the Crimes (Torture) Act 1988 provides that is not a defence in a proceeding for an offence against this Act that the offence was committed under exceptional circumstances nor that the accused acted under orders of a superior officer or public authority. However, these circumstances may be taken into account in determining the proper sentence. Please indicate any case that occurred during the reporting period in which exceptional circumstances or superior orders have been considered as mitigating circumstances in the determination of sentences of conviction under this Act. 1. The Commonwealth Director of Public Prosecutions (the CDPP) has never prosecuted any matter under the Crimes (Torture) Act 1988 (Cth). Question 2 Please provide further information on the rights of persons detained in police custody, in particular their right of access to a counsel and to a doctor of their choice, to be informed of their rights and to inform their family promptly about their detention. Has the new legislation against terrorism affected these rights? 2. Each of the jurisdictions in Australia provides a wide range of rights to persons detained in police custody, including rights of access to counsel and to a doctor of their choice, to be informed of their rights and to inform their family promptly about their detention. These rights have not been affected by new legislation against terrorism. Detail is provided below. Information on rights under Commonwealth legislation is set out first, followed by information
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