Indigenous Australian boy, 13, spends 36 days in solitary confinement for minor offences

Queensland state may be violating its own laws and international human rights laws, says human rights chief

Representational image: Juvenile prisoners in detention centre. A 13-year-old boy was held approximately 36 days in solitary confinement in Australia’s youth detention centre (AFP via Getty Images)

A 13-year-old Indigenous Australian boy has been released after spending at least 36 days in solitary confinement for minor offences.

Queensland Human Rights Commissioner Scott McDougall said the case may have breached the state’s own laws under Human Rights Act as well as international human rights rules.

The lndigenous boy, referred to as Jack, was released on probation after he spent 60 days in custody at the overcrowded and understaffed Cleveland Youth Detention Centre.

The Children’s Court in Cairns city heard that Jack was sent to solitary confinement for 22 days in February and 14 consecutive days in October last year, ABC News reported.

He was only allowed out of his cell on five occasions during this span of 36 days.

“The rules stipulate that children and adults held in custody should have access to fresh air and exercise for two hours a day at a minimum and clearly in that case that hasn’t occurred,” Mr McDougall said.

Jack was arrested last year and charged with criminal assault and stealing after he was involved in a fight with another 13-year-old boy outside a fast food restaurant.

The boy’s barrister Tim Grau said the altercation was captured on CCTV and lasted some 30 seconds during which one punch was thrown.

Jack was charged with stealing after the second boy threatened him to call the police and Jack snatched the phone out of his hand.

“Not to diminish the seriousness of this — a young boy has thrown one punch and he shouldn’t have — but incarcerating him for a total of 60 days afterwards is just cruel and inappropriate,” he told the outlet.

His detention period also includes six days in adult prisons in Mareeba and Cairns.

This is the latest case in Queensland that has raised concerns over youth justice system in the state as it debates a new youth crimes law which would make it a crime for a child to breach bail conditions.

Human rights watchdogs, legal groups and advocates have said the changes will see more children behind bars for a longer period.

In a similar case in February, another 13-year-old with multiple developmental disorders was held for more than 20 hours each day for 78 days during his 87 days of custody in the same detention centre.

A children’s court judge said the Cleveland detention centre was “cruel”, “inappropriate” and “treated a child like an animal”.

Jack’s mother said her son was denied drinking water during the lengthy periods of solitary confinement and was distressed to a point that he flooded his cell, a technique used by children in the detention centre by blocking the toilets.

“He told me he got so frustrated because security wouldn’t allow him to have a drink of water and ended up flooding his room out,” she said.