Corey Brough v Australia
OHCHR - Human Rights Committee
Communication No. 1184/2003
17 March 2006
International Covenant on Civil and Political Rights:articles 7 (right to freedom of torture, inhuman and degrading treatment), art. 10 (right to be treated with dignity while in detention) and art. 24(1) (right to special protection of minors).
The complainant, Corey Brough, is an aboriginal Australian with “a mild mental disability”. At the age of 17 he was convicted of assault and burglary, sentenced to 8 months imprisonment and subsequently was transferred from a juvenile detention centre to an adult prison and placed in a “safe-cell”. During his sentence, Mr. Brough was, on separate occasions, held in confinement for 72 and 48 hours without appropriate heating, under constant surveillance and with 24 hour exposure to artificial light. Mr Brough’s clothes and blanket were removed and he was subject to the use of force. He started self-harming, attempted suicide and was administered medication without his free consent.
Mr. Brough alleged violations of his rights under art. 7 (right to freedom of torture, inhuman and degrading treatment), art. 10 (right to be treated with dignity while in detention) and art. 24(1) (right to special protection of minors).
The Committee found that there had been a violation of art. 10 and 24. The Committee placed particular reliance on the fact that Mr Brough had been confined to a safe-cell, with no possibility of communication, under constant artificial light and did not accord him treatment appropriate to his age and status as a juvenile in a particularly vulnerable position because of his disability and minority status.
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