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Human rights lawyers welcome High Court tear gas decision
As the world “shines a light onto racism”, the legal sector has welcomed a decision by the High Court of Australia to rule it illegal for young offenders to be attacked with tear gas.
Naomi Neilson
Four former detainees from the Don Dale Youth Detention Centre in Darwin are entitled to damages after a High Court ruled that their alleged exposure to CS fogger – or tear gas – during an incident involving officers and an “unruly” detainee was illegal.
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In 2014, images of a hooded and shackled Aboriginal teenager at the Don Dale detention centre sparked calls for a royal commission. Only some of its final recommendations were implemented and now the profession is using this decision to reiterate calls for reform.
“The world is shining a light onto the racism, injustices and brutality that all Aboriginal and Torres Strait Islander children experience every day in the criminal justice system,” noted co-chair of the National Aboriginal and Torres Strait Islander Legal Service Nerita Waight.
“This High Court decision is a win for our kids who had their rights breached at Don Dale, and in prisons right across Australia. It is time that the Northern Territory government [is] urgently implementing the royal commission’s recommendations.”
Ms Waight added a call for governments to raise the age of legal responsibility to at least 14 and to “stem the tide of incarceration” by limiting the number of youth in detention.
The Human Rights Law Centre mirrored these calls. Senior lawyer Shahleena Musk said the High Court decision highlighted the abuse of youth in detention.
“These kids should have been protected and looked after, and not tear-gassed in confined spaces. All children should be treated with dignity and respect, but now right across the country we know that children continue to be mistreated behind bars,” Ms Musk said.
“Every single state and territory must change their laws and prohibit cruel and inhumane treatment. The NT government must implement all of the recommendations from the royal commission. How we treat children today shapes our tomorrow.”
