United Nation inspectors have head home to New York after unsuccessful attempts to carry out surprise inspections on NSW prisons

United Nations inspectors have suspended plans to look at Australian detention facilities after NSW and Queensland blocked access. 

The UN prison inspectors arrived to look at the level of care offered to criminals behind bars.

NSW officials blame their federal counterparts for signing up to an optional protocol of the convention against torture, suggesting the UN should focus its attention on countries that haven’t accepted the international agreement. 

Representatives from the UN Subcommittee on Prevention of Torture said they were obstructed from carrying out their protective mandate, violating the country’s obligations.

The 12-day tour was to continue until Thursday, but the UN pulled the plug after being denied access when they showed up at prison facilities in NSW and Queensland.

United Nation inspectors have head home to New York after unsuccessful attempts to carry out surprise inspections on NSW prisons

United Nation inspectors have head home to New York after unsuccessful attempts to carry out surprise inspections on NSW prisons

The United Nations after 12-days suspended its tour of Australia's detention facilities accusing the country of a 'clear breach' of its obligations under the Optional Protocol to the Convention Against Torture (Opcat)

The United Nations after 12-days suspended its tour of Australia’s detention facilities accusing the country of a ‘clear breach’ of its obligations under the Optional Protocol to the Convention Against Torture (Opcat)

Australia signed the Optional Protocol to the Convention Against Torture under former prime minister Malcolm Turnbull in 2017 and this was the first time since it was signed inspectors had visited Australia.

As part of the mandate, the subcommittee on the prevention of torture has the right to make unannounced visits to all detention facilities and conduct private interviews with individuals who are locked up without any witnesses present.

The UN representatives threatened 'grave' consequences for the NSW government after being denied entry to inspect NSW facilities, including their attempt to access Silverwater jail

The UN representatives threatened ‘grave’ consequences for the NSW government after being denied entry to inspect NSW facilities, including their attempt to access Silverwater jail

2GB’s Ben Fordham labelled the UN’s actions as ‘arrogant’.

‘How arrogant can you get! These people are visitors in our country. They’ve been granted access to jails in other states. But NSW said no. Security and safety are the biggest priorities,’ Fordham said.

‘And we couldn’t guarantee either – with uninvited randoms wandering around.’

As they left the country to fly back to New York, the UN delegation released a statement saying, ‘It is deeply regrettable that the lack of cooperation, especially with respect to NSW and Queensland, has compelled us to take this drastic measure.’

‘Despite our best efforts- the 12-day visit has been compromised to such an extent that we had no option to suspend it.

‘The SPT delegation has been prevented from visiting several places where people are detained, experienced difficulties in carrying out a full visit at other locations, and was not given all the relevant information and documentation it had requested.’

UN in a statement said; 'It is deeply regrettable that the lack of cooperation, especially with respect to NSW and Queensland, has compelled us to take this drastic measure'

UN in a statement said; ‘It is deeply regrettable that the lack of cooperation, especially with respect to NSW and Queensland, has compelled us to take this drastic measure’

Fordham recommended the delegation visit countries such as Saudi Arabia and Iran, where there are ‘appalling’ human rights violations.

‘Remember, the United Nations weren’t here inspecting homeless shelters or hospitals,’ the 2GB host said.

‘They didn’t ask questions about victims of crime- or their living conditions. They only wanted to check in on the criminals. We’re talking about murderers. Monsters. Rapists. Drug lords.

‘And the UN wanted to come in and fluff their pillows.

‘Maybe drop into Iran. Take a look at the appalling human rights violations happening to women,’ Fordham continued.

‘Or Saudi Arabia- where they still put people to death for being gay. China. Russia. North Korea. Indonesia. Countries that DON’T allow the UN to inspect their prison.

‘But if you’re looking for human rights violations, there’s lots of options for you. Or are those countries too hot to handle?’

NSW Corrections Minister Geoff Lee told a budget estimates hearing on Monday he had confidence in the state’s facilities.

‘They meet and many times often exceed those of other countries,’ he said.

But the committee was told five older facilities, which housed hundreds of inmates, needed updating.

Corrective Services NSW commissioner Kevin Corcoran said the Inspector of Custodial Services had already delivered a report highlighting inadequate facilities.

‘We’ve got our own standards … they don’t meet those standards,’ he said.

Assistant commissioner Leon Taylor said some infrastructure dated back to the Victorian era and did not support ‘contemporary correctional practice.

Two facilities from the era had been closed and replaced with more modern facilities in the past 18 months and a new infrastructure strategy was being developed, he said.

Dr Lee said he would try and address the issue in his remaining months as minister.

‘I will continue to advocate very strongly for our portfolio agency to receive money to upgrade and expand our facilities and retire the old facilities as soon as possible,’ he said.

Retiring MP David Elliott, who was NSW corrections minister when Australia ratified the protocol, said he told past premiers not to approve inspections.

‘I’m not going to have UN inspectors from Iran and China and Cuba come into NSW jails and tell us that we’re doing things wrong,’ he told 2GB radio on Monday.

None of those countries have ratified the protocol, nor has the USA, which has the world’s highest per-capita incarceration rate.

Mr Elliott said the federal government encouraged the inspections but was protected from having to open up immigration detention centres or defence force correctional facilities.

Mr Dreyfus said the UN inspectors were given access to Commonwealth-run detention facilities but did not specify which ones.

Academics and advocacy groups condemned the states for blocking access.

‘Parties have an obligation to both receive the (subcommittee) in their territory and allow it to exercise its mandate in full, including by allowing unfettered access to places of detention,’ a joint statement from Australian Lawyers for Human Rights and multiple other groups said.

The Queensland government has been contacted for comment.

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