Justice advocacy group, the National Network, has urged the Tasmanian government to abandon the use of "dry cells" – isolation cells with no running water and lights on 24 hours a day – in the wake of a damning report by the state's Custodial Inspector.
On Wednesday the Network noted the Inspector's report into the "inhumane treatment of prisoners in dry cells highlight appalling conditions that are not just unacceptable but tantamount to state-sanctioned torture", adding that prisoners "should not be subjected to conditions that violate their dignity or their fundamental human rights".
The latest Closing the Gap figures for incarceration in Tasmania - 2022-23 – reveal a stark over-representation of Indigenous people in the prison system. Among adults, the First Nations incarceration rate in Tasmania is 810.6 per 100,000 people, in contrast to the non-Indigenous rate of 156.2 per 100,000 people; and the incarceration rate for Indigenous children is 7.6 per 10,000, and 1.9 per 10,000 for non-Indigenous youth.
National Network spokesperson Debbie Kilroy said the Custodial Inspector's report "reveals that prisoners in Tasmania have been held in constantly lit cells with no running water, no window to the outside world, and no way to call for medical assistance for up to 10 days".
"This practice, which breaches the United Nations Minimum Rules for the Treatment of Prisoners, is a shocking indictment of the treatment of incarcerated people in our country," she said.
"While it is crucial that these abuses have come to light, it is essential to recognise that similar conditions exist in prisons across the country. Prisons are inherently violent and cruel environments, and these extreme forms of solitary confinement exacerbate this cruelty."
Indigenous advocate Tabitha Lean called for the use of dry cells to be "ceased immediately".
"These cells, devoid of basic necessities and used to retrieve internally concealed contraband, represent the most degrading, austere, and restrictive imaginable forms of confinement," she said.
"Their use breaches prisoners' human rights and dignity. The arbitrary and punitive nature of dry cell confinement, coupled with its inconsistent and capricious application, underscores the urgent need for its immediate abolition."
The National Network noted that the Custodial Inspector's report documents numerous abuses, including: constant lighting in cells, which is inhumane and violates basic standards of decency; lack of access to windows, adequate exercise or any form of entertainment, leading to severe psychological distress; inconsistent and unreliable camera monitoring and in-person checks, posing significant health risks; denial of basic hygiene products and access to soap, compromising prisoners' health and dignity; and correctional officers being forced to process faeces in unsanitary conditions, risking their health and safety.
Ms Kilroy said the report's recommendations, including limiting dry cell confinement to 72 hours, excluding women from dry cell placement, and providing reasonable entertainment, are "necessary but insufficient steps".
"The complete cessation of dry cells is the only humane and just response," she said.
"Corrections Minister Madeleine Ogilvie's acknowledgment of the issues and the proposed introduction of body scanners is a possible step forward but without a commitment, timeframe and banning of dry cells, it's all conjecture.
"Fundamental human rights principles and upholding the dignity of prisoners must guide all decisions, ensuring that torture and degrading treatment are never tolerated."
The Network reiterated that the use of dry cells is a punitive measure "that serve no purpose other than to degrade and dehumanise".
The use of dry cells is governed by DSO 1.40 – Managing Prisoners Suspected of Internally Concealing Items. It defines a dry cell as 'a cell that does not have amenities (i.e. toilet or basin) with running water or privacy screens/walls'. DSOs (Director's Standing Orders) are rules that govern the management and security of prisons and for the welfare, protection and discipline of prisoners and remandees, according to the Department of Justice.
A Tasmanian government spokesperson told National Indigenous Times the government is committed to addressing issues identified by the Custodial Inspector in his reports and the Tasmania Prison Service has already commenced work to implement the recommendations, with some already completed.
"The impending commencement of body scanners will provide an opportunity to review dry cell management, including a potential to cease," he said.
In response to questions on what the government was doing to reduce the over-incarceration of Indigenous people, the spokesperson said the creation of a contemporary youth justice system that addresses the over-representation of Aboriginal children and young people in the youth justice system is "a key objective of the Tasmanian Government's Youth Justice Blueprint 2024 to 2034".
"The Youth Justice Reform Aboriginal Reference Group has met and agreed on a culturally safe way for Aboriginal children, young people and their families to provide input the Youth Justice Model of Care. The Model of Care and an implementation plan will be delivered late 2024," he said.
The spokesperson told National Indigenous Times the Tasmanian government is also progressing related Commission of Inquiry recommendations, including: appointing a Commissioner for Aboriginal Children and Young People to monitor the experiences of Aboriginal children in out of home care and youth detention; developing an Aboriginal Youth Justice Strategy, created in partnership with Aboriginal communities, that is underpinned by self-determination and focuses on prevention, early intervention and diversion strategies for Aboriginal children and young people; and implementing a Connection with Family and Community Policy and Financial Assistance Procedure which provides financial assistance to enable family members and significant others to visit ADYC.
The Inspector of Custodial Services report on the cells is online: Inhumane treatment in dry cells - 2024 Review (custodialinspector.tas.gov.au).