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i was recently arrested how do i find out if the conditions i was held under were a violation of my human rights?

I am 16 and was arrested for robbery. I was put in an adult facility segregated from other prisoners, had all my clothes removed and was medicated without my permission. I suffer a mild mental disability and have suicidal tendencies.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 23-09-2014
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Dodgson, Brisbane 4000 Qld

  • The treatment you suffered seems like a breach of (at least)
    • Article 10 of the International Covenant on Civil and Political Rights (ICCPR) which sets out the rights of persons deprived of their liberty and
    • Article 24 of the ICCPR which sets out the right to adequate protection for children.
  • You could make a Communication to the Human Rights Council alleging that the treatment you suffered in prison is a violation of Australia’s obligations towards you.
  • Similar treatment happened to a young Aboriginal man in NSW in 2003.
    • A Communication was sent to the HRC, and the HRC declared that Australia was in breach of the ICCPR.
    • The Australian government refused to acknowledge the Committee’s decision and they did not provide an effective remedy to the young man.
  • If you suffered damage as a result of your treatment you might consult an experienced personal injuries lawyer about a possible negligence claim.

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