UN Committee Finds Australia Violated International Torture Convention in Asylum Seeker Detention

A United Nations committee has determined that Australia exposed an Iranian asylum seeker to torture and ill-treatment during years of detention, thereby breaching international obligations.
The UN Committee Against Torture released its decision on Wednesday regarding an asylum seeker who arrived on Christmas Island by boat in 2013, having fled Iran due to fear of persecution.
Authorities transferred him to Manus Island in Papua New Guinea, where he remained for approximately three years. The committee found that he experienced "harsh conditions and serious violence," including an incident where a security guard cut his throat.
In 2019, he was evacuated to Australia for medical treatment but stayed in immigration detention for another three years, despite having "serious physical and mental health conditions," according to the committee. He was released into the community on a bridging visa in 2022.
Australia contended that it did not exercise effective control over detention facilities in Papua New Guinea and asserted that the complainant received appropriate medical and mental health care. Australia also argued that his detention within Australia was lawful, subject to review, and that he was no longer detained when the committee reviewed the case.
The committee rejected these arguments. It 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. Committee member Jorge Contesse stated that human rights protection and international law obligations persist regardless of the relocation of detention facilities offshore, emphasizing a state's responsibility where it maintains decisive influence over conditions.
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 constituted "torture and cruel, inhuman or degrading treatment," violating articles 2(1) and 16 of the convention.
Furthermore, the committee found that the complainant’s subsequent immigration detention in Australia and prolonged deprivation of freedom lacked individualised assessment, also amounting to cruel, inhuman, or degrading treatment. Australia failed to demonstrate that the detention was reasonable, necessary, or proportionate, especially considering the complainant’s previous years of offshore detention and documented vulnerabilities, including acute medical needs.
The committee reiterated its "longstanding concerns about Australia’s offshore processing policy," which it noted has "repeatedly exposed asylum seekers to prolonged detention, uncertainty, and conditions causing severe physical and mental suffering."
The committee called upon 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. It also requested a guarantee that similar violations of the convention against torture would not reoccur.