A United Nations watchdog has delivered a damning verdict against Australia, finding it exposed an Iranian asylum seeker to torture and cruel treatment during years of offshore detention on Manus Island.
Years of 'harsh conditions' and violence
The UN Committee Against Torture released its decision concerning an asylum seeker who fled Iran in 2013, arriving by boat on Christmas Island. The man, referred to in the case, was subsequently transferred to Papua New Guinea's Manus Island under Australia's offshore processing regime.
The committee found he was held there for approximately three years in what it described as 'harsh conditions'. During this period, he was subjected to serious violence, including an incident where his throat was slit by a security guard.
Australia's defence rejected by UN body
In 2019, the man was medically evacuated to Australia but remained in immigration detention for a further three years, despite suffering from documented serious physical and mental health conditions. He was finally released into the community on a bridging visa in 2022.
In its defence, the Australian government argued it did not exercise effective control over the detention facilities in Papua New Guinea. It also contended that the complainant received appropriate care and that his detention in Australia was lawful and subject to review.
The UN committee firmly rejected these arguments. It stated that Australia's funding, management, and contracting of services at the Manus facility were sufficient to establish jurisdiction under the Convention Against Torture.
A warning against outsourcing asylum processing
This ruling aligns with previous UN decisions regarding Australia's offshore processing centre on Nauru. Committee member Jorge Contesse emphasised that 'human rights protection and international law obligations do not disappear when detention facilities are relocated offshore'.
The committee concluded that Australia failed to prevent torture and ill-treatment in Papua New Guinea and did not provide adequate rehabilitation. It found this amounted to a violation of the convention. Furthermore, it determined that the man's subsequent prolonged detention in Australia, without an individualised assessment, also constituted cruel, inhuman, or degrading treatment.
The UN body expressed longstanding concerns about Australia's offshore processing policy, stating it has repeatedly exposed asylum seekers to prolonged uncertainty and conditions causing severe suffering. It has called on Australia to provide the man with full redress, including compensation, and to guarantee such violations will not recur.
The office of the Minister for Home Affairs, Tony Burke, was approached for comment following the ruling.
