There is an imminent risk of human rights violations by the Northern Territory corrections system in its treatment of youth offenders, legal experts have told the United Nations, urging it to intervene at a Darwin juvenile detention centre.

A NT children’s commissioner report released last week examined the events around a disturbance at the Don Dale youth detention facility in August last year, during which tear gas was used to quell a number of youths who had armed and barricaded themselves.

It found authorities had used spit hoods and restraints inappropriately, and had transferred six juveniles to the adult prison, despite one being younger than legally allowed for transfer, and two not being involved in the incident. It also found the boys had been placed in solitary confinement for up to 17 days – well beyond the legislated 72 hour maximum – prior to the incident.

The letter from the human rights law centre (HRLC) called for urgent intervention based not just on the report which it said detailed “unequivocally cruel inhumane and degrading” treatment of juveniles, but also on reports that some of the punitive treatment is continuing.

The corrections commissioner, Ken Middlebrook, labeled the children’s commissioner report unfair and inaccurate, and accused investigators of cherry picking detail.

On Monday Ruth Barson, senior lawyer at the HRLC, wrote to Juan Ernesto Méndez, the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, urging him to take action against the alleged mistreatment, “with a view to ensuring the Northern Territory Government comply with its international human rights law obligations, and in particular:

stop using harmful practices including prolonged solitary confinement, naked isolation, spit hoods, excessive restraints;

ensure all young detainees have access to rehabilitation and education programs; and

ensure young people are detained in youth appropriate facilities, with an adequately trained workforce.

“We are concerned that the Northern Territory Government has not taken sufficient steps to implement the recommendations for change contained in the report; has not attributed responsibility for the failure in governance; and has not unequivocally stated that such punitive practices will cease,” the letter read.

“Indeed, there are current reports that similar practices continue to be used on young detainees.”

Last week Middlebrook hit back at the report, labelling it inaccurate and denied there was anything unlawful in the actions by his staff.



The children’s commissioner report “misrepresents the circumstances and lead up at the time” of the incident, Middlebrook told Guardian Australia.

He said the boys were violent and threatening, and defended the calls made at the time, including his own to authorise the use of teargas.

“It’s all good in hindsight to write a report but on the night it was a very serious incident,” he said.

Middlebrook also disputed the assertion that the boys were kept in solitary confinement prior to the incident, claiming they were allowed recreation, but said he was unable to defend the point because his staff “have not kept very good records of that.”

Barson said Middlebrook’s response was “deeply concerning” about six young people whose human rights were “seriously abused.”

“You’ve also more broadly got a situation where there’s been a complete breakdown in governance from top to bottom – the police were misinformed, the minister was misinformed, the public was mislead, and court orders weren’t followed,” Barson told Guardian Australia.

“For the commissioner to come out and justify those actions taken is quite unbelievable and very disappointing.”

Barson said the NT should be looking to other jurisdictions which have moved towards the rehabilitation of juvenile offenders instead of punitive measures “which we know don’t work in the long run.”

The Northern Territory has the highest rate of youth detention in the country, and about 95% of detainees are Indigenous. There has been a string of incidents in the last 18 months, including several escapes and attempted escapes.

Jared Sharp, lawyer with the north Australian Aboriginal justice agency, said there was a lack of leadership in acknowledging errors in the juvenile justice system. He said there was nothing to suggest recently that there had been the cultural change the report called for.

“We still see examples of kids being isolated for excessive periods of time, we see too many kids without access to therapeutic programs,” said Sharp.

“Anyone who’s read the children’s commissioner report would find it very difficult to dispute the factual foundations on which it is set.

“It’s an extremely well prepared report, with review of objective evidence like CCTV footage and other video.”

John Elferink, who is the minister for corrections, justice, and for women and children, told Guardian Australia the issues raised by the HRLC have either been addressed or are in the process of being addressed.

“My first concern is for the safety and well-being of the people of the Northern Territory, including those youths who are detained in Correctional Services facilities,” said Elferink.

“And I must always consider the safety of detention centre staff.”

He said 15 of the 16 recommendations from February’s Vita review into youth detention had been completed, with three requiring no further action.