Commission Reports raising ICCPR Article 9

ICCPR Article 9 recognises some of the most basic liberty rights.  Commission reports on complaints under the Australian Human Rights Commission Act involve extensive work in this area.

Reports are also available on the Commission's This page is intended to provide more convenient access to this work in relation to ICCPR Article 9 specifically.

Many of these reports  demonstrate that breaches of ICCPR Article 9 also lead to breaches of other rights by Australia.

• No 56 - Sri Lankan refugees v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
  Detention of asylum seekers with adverse security assessments – detention disproportionate to Commonwealth’s objectives; lack of recourse to review of detention; inadequate conditions of detention; detention of children
  Human rights considered: ICCPR Articles 9.1, 9.4, 10.1, 14.1, 17.1, 23.1; CRC Articles 3.1, 37(b)
• No 55 - BZ and AD v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
  Permitting questioning by Chinese officials without adequate safeguards; immigration detention of children; conditions of detention
  Human rights considered: ICCPR Articles 9.1; 10; 17.1; CRC Articles 16.1; 37(b), 37
• No 53 - Miss Judy Tuifangaloka v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
  Unlawful removal of father from Australia; detention of mother and daughter disproportionate to Commonwealth’s objectives
  Human rights considered: ICCPR Articles 9.1, 17.1, 23.1; CRC Articles 3.1, 37.1
• No 52 - Mr SD v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
  Detention following cancellation of visa disproportionate to Commonwealth’s objectives
  Human rights considered: ICCPR Article 9.1
• No 51 - Brown v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
  Detention of unaccompanied female disproportionate to Commonwealth’s objectives;  inappropriate conditions; separation from family
  Human rights considered: ICCPR Articles 9.1, 10.1, 17.1, 23.1.
• No 49 - Cherkupalli v Commonwealth of Australia (Department of Immigration & Citizenship) (2012)
  Illegal detention: preconditions for detention under Migration Act not complied with
  Human rights considered: ICCPR Article 9.1
• No 47 - Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
  Detention disproportionate to Commonwealth’s objectives; interference with family
  Human rights considered: ICCPR Articles 9.1; 17.1; 23.1
• No. 46 - Yousefi family v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
  Cruel, inhuman or degrading treatment; detention disproportionate to Commonwealth’s objectives; best interests of child and right to care and protection; access to health care and education
  Human rights considered: ICCPR Articles 7, 9, 10; CRC Articles 3.1, 3.2, 24.1, 28.1, 37(a), 37(c)
• No. 45 - Mr Al Jenabi v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
  Detention arbitrary since disproportionate to Commonwealth’s objectives
  Human rights considered: ICCPR Article 9.1

• No. 44 Mr Toro-Martinez v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
  9 months delay in release from detention to community detention arbitrary; interference with family
  Human rights considered: ICCPR Articles 9.1, 17.1, 23.1

• No. 43 - Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
  Detention rather than community detention of prisoner released on parole found arbitrary; interference with family life
  Human rights considered: ICCPR Articles 9.1, 10.1, 17.1, 23.1

• ​No. 41 - El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
  Three months delay in identifying detainee as entitled to release; detention of mentally ill man in inappropriate facility; unlawful and mistaken taking back into detention by force found to breach human rights. Complaints rejected regarding interference with family rights.
  Human rights considered: ICCPR Articles 9.1; 10.1; 17.1; 23.1
• No. 24 - Report of an inquiry into complaints by five asylum seekers concerning their detention in the separation and management block at the Port Hedland Immigration Reception and Processing Centre (2002)
  Period of detention in segregation facility within detention centre found arbitrary; conditions of detention in segregation facility found to breach article 10.1. Relevant European Court and Human Rights Committee decisions considered.
  Human rights considered: ICCPR Articles 9., 10.1
• No. 22 - Report of an inquiry into a complaint by Mr XY concerning his continuing detention despite having completed his criminal sentence (2002)
  Indefinite detention pending deportation found arbitrary
  Human rights considered: ICCPR Article 9.1
• No. 21 - Report of an inquiry into a complaint by six asylum seekers concerning their transfer from immigration detention centres to State prisons and their detention in those prisons (2002)
  Transfer to State prisons found to impose more restrictive detention on detainees and to constitute arbitrary detention; lack of adequate response to sexual assault of detainee found to breach right to be treated with humanity and dignity; failure to treat separately to convicted persons in prison found to breach ICCPR article 10.2
  Human rights considered: ICCPR Articles 9.1, 10.1, 10.2
• No. 16 - Report of an inquiry into a complaint by Mr Hocine Kaci of acts or practices inconsistent with or contrary to human rights arising from immigration detention (2002)
  Detainee transferred to State prison following unacceptable behaviour. Complaints of arbitrary detention and breach of right to be treated with dignity and humanity: not upheld. Berach found of right to be treated separately from convicted persons.
  Human rights considered: ICCPR Articles 9.1, 10.1, 10.2(a)
• No. 13 Report of an Inquiry into a Complaint of indefinite nature of detention in Prison (2001) Kiet & Ors v. Department of Immigration and Multicultural Affairs
  Detention in prison pending deportation after serving criminal sentences
  Human rights considered: ICCPR Article 9.1
• No. 12 Report of an inquiry into human rights in an Immigration Detention Centre (2000) Qing & Fei v. Department of Immigration and Multicultural Affairs
  Access to legal advice; response to requests for refugee application and assistance; arbitrary detention; separation detention
  Human rights considered: ICCPR Articles 9.1, 10.1
• No. 5 Preliminary Report on the detention of Boat people (1997)
  Human rights considered: General right of non-discrimination (ICCPR Article 2); right not to be subjected to cruel, inhuman or degrading treatment or punishment (ICCPR Article 7); right to liberty and security of the person and not to be subjected to arbitrary arrest or detention (ICCPR Article 9); the right that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the person (ICCPR Article 10(1)); the right not to be subjected to arbitrary or unlawful interference with privacy (ICCPR Article 17); • the right to freedom of thought, conscience and religion (ICCPR Article 18(1); the right to be equal before the law (ICCPR Article 26); the right of the child to have his or her best interests given primary consideration (CRC Article 3(1); the right of the child to freedom of thought, conscience and religion (CRC Article 14);the right of the child to be protected from all forms of physical or mental abuse (CRC Article 19); the right of the refugee child to protection (CRC Article 22); the right of the child to the highest attainable standard of health (CRC Article 24); the right of the child to education (CRC Article 28); the right of the child seeking refugee status to receive appropriate protection and humanitarian assistance (CRC Article 22); the right of the child to participate in recreation and cultural life (CRC Article 31); the right of the child to liberty and not to be subjected to arbitrary detention (CRC Article 37)