In the midst of the public health emergency that is COVID-19, prisons must not be given a free pass to subject people to harmful and outdated practices like solitary confinement, the Human Rights Law Centre has told the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

Last week, the Royal Commission issued a statement raising concerns over the impact on the health and wellbeing of people with disability as a result of measures being taken to ‘lockdown’ facilities like prisons in an attempt to reduce the risk of infection. In particular, the Royal Commission recognised that such measures could lead to reduced independent oversight, potentially increasing the risk of violence, abuse, neglect and exploitation.

Monique Hurley, Senior Lawyer with the Human Rights Law Centre, said it is crucial that during an evolving health pandemic that the Royal Commission monitor the extent to which such practices are being used in response to COVID-19 and its impact on the people in prisons.

“The use of solitary confinement as a primary means to prevent the spread of COVID-19 is inappropriate. It is a fundamentally harmful practice that is known to inflict long term and irreversible harm. At this time, Governments across Australia should be focused on reducing the number of people trapped in prisons, particularly those living with disability, rather than resorting to the use of this cruel practice.”

As people with disability, particularly cognitive or psychosocial disability, are overrepresented in Australian prisons, they will be disproportionately impacted by the increased use of such measures. 

International human rights law prohibits the use of solitary confinement on people with disability when their condition would be exacerbated by such measures. Increasingly, it is becoming accepted that solitary confinement, of any duration, on people with mental disabilities amounts to cruel, inhuman or degrading treatment and in some instances can amount to torture. 

Solitary confinement is not only harmful, but is a flawed response to COVID-19 because it does not solve the daily reality of people being funnelled through the criminal legal system, nor does it address the movement of staff going in and out of prisons.

“Increased use of solitary confinement puts people in prison – particularly Aboriginal and Torres Strait Islander people – at greater risk of dying in custody, because they will not be able to easily alert prison staff if they develop symptoms of COVID-19, or if their condition worsens.”

“Good governments would ban this cruel practice and take immediate steps to ensure that people with disability where appropriate are granted leave from prison for the duration of the COVID-19 pandemic,” said Hurely.

Read Stopping Solitary Confinement: Submission to the Royal Commission into Violence, Neglect and Exploitation of People with Disability.

Read the Human Rights Law Centre’s letter to the Royal Commission.

Media contact:

Michelle Bennett, Communication Director: 0419 100 519