Detaining children in adult prison unlawful: Supreme Court rules against Victorian Government
The Victorian Supreme Court ruled that detaining children at the Barwon maximum security adult prison was unlawful and prohibited the Victorian Government from continuing to detain children there.
Alina Leikin, a lawyer at the Human Rights Law Centre that took the legal action against the Victorian Government on behalf of 15 children, said it was an important win for children’s rights and Victoria’s Human Rights Charter.
“As a society we should never give up on our kids. We’re talking about 15, 16 and 17 year olds who should have their whole lives ahead of them, but instead were locked up in concrete cells for up to 23 hours a day in a maximum security adult prison. It was always a terrible mistake to send them there, it’s now been confirmed yet again that it was unlawful,” said Ms Leikin.
It is the fourth legal loss for the Victorian Government. The Government settled an initial Supreme Court case by agreeing to remove Aboriginal children from Barwon. It then lost a Supreme Court case and its subsequent appeal in December but side-stepped the ruling by reclassifying the Grevillea Unit at Barwon as a youth justice facility. The Supreme Court today ruled that the reclassification was unlawful.
“The Government must now do the right thing and immediately get all kids out of Barwon and into lawful, humane, age-appropriate youth facilities. The focus must be on showing these kids that better options exist and giving them pathways to become productive members of our community,” said Ms Leikin.
The Court documented extensive evidence of the harmful conditions at Barwon including the extended solitary confinement, ongoing handcuffing and the denial of proper education.
“With the repairs to Parkville returning 60 beds to the system, the government needs to do the right thing and immediately bring these 15 remaining kids at Barwon back to normal, age-appropriate youth justice facilities,” said Ms Leikin.
More details of the ruling to be published in the coming hours.
The decision can be read here: http://www.austlii.edu.au/au/cases/vic/VSC/2017/251.html
For media comment, please call Tom Clarke on 0422 545 763
.@AlinaHRLC from @rightsagenda tells @DougalBeatty LIVE in studio why it was a good decision to move teens out of Barwon prison. #9News pic.twitter.com/6xqmj1Erwa
— Nine News Melbourne (@9NewsMelb) May 12, 2017
Alina Leikin and Hugh de Kretser from Human Rights Law Centre speaking post legal win to get teens out of Barwon prison pic.twitter.com/k2dkZEPATr
— Emma Younger (@em_younger) May 11, 2017
Three court rulings – all with the same message for the Victorian Government: Get #KidsOutofBarwon now https://t.co/H1EnQQmOtV pic.twitter.com/AYtMefQ0pk
— Tom Clarke (@TomHRLC) May 11, 2017
Accountability and justice must be delivered for Kumanjayi Walker’s family
NAAJA and the Human Rights Law Centre are supporting Kumanjayi Walker’s family’s calls for accountability and justice, after Coroner Elisabeth Armitage delivered her final report into Kumanjayi Walker’s death in Yuendumu this week.
Read more
Allan Government’s kneejerk law and order response will not make communities safer from racism and hate crimes
Every person has the right to practice their religion without fear of intimidation or vilification, and to be protected from acts of hate speech, racism and violence. Racist and antisemitic attacks, such as the horrific arson attack on East Melbourne Hebrew Congregation last weekend, should have no place in our community.
Read more
ADF whistleblower breaks fifteen year silence on sexual abuse cover-up amid calls for stronger whistleblower protections
Former RAAF airwoman Julia Delaforce represented by the Human Rights Law Centre, has broken her fifteen year silence on alleged wrongdoing and sexual abuse which was covered up by the Australian Defence Force.
Read moreACNC: 31 117 719 267 | Connect with the Human Rights Law Centre
Acknowledgement of Country
The Human Rights Law Centre acknowledges the Traditional Owners of the lands across Australia, including the lands of the Wurundjeri, Boon Wurrung, Gadigal, Ngunnawal, Cammeraygal, Darug, Wadawurrung, Turrbal and Jagera people where we work from.
We pay our respect to Elders past and present. This land always was, and always will be Aboriginal and Torres Strait Islander land. Sovereignty has never been ceded.
WARNING: This site contains images or names of people who have passed away.