Jail breaches rights of aboriginal men 20141203 p5spmv.html – Breaking News & Latest Updates 2026
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This was published 11 years ago

Jail breaches rights of Aboriginal men

AAP

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The long-term incarceration of four brain damaged Aboriginal men without conviction in the Northern Territory breached their human rights.

That's the view of an Australian Human Rights Commission investigation.

However, the federal government has rejected the findings, saying the human rights watchdog has acted outside its jurisdiction.

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Two of the men - known as Mr KA and Mr KD - are still locked up at Alice Springs maximum security centre.

Meanwhile, two other men - Mr KB and Mr KC - have been transferred to Kwiyernpe House, in Alice Springs, which the report describes as "prison-like".

It says the men have suffered violence in prison as well as frequent physical, mechanical and chemical restraint.

The report said Mr KA, who's been in jail since 2010, had been tied to a chair on 16 occasions for up to two hours at a time and injected with tranquilisers.

In 2012 he banged his head until it bled.

He spends about 16 hours a day in isolation and is shackled frequently when outside his cell.

The 23-year-old has epilepsy and an intellectual disability.

He stabbed his uncle to death at age 16 but was not convicted in court.

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Mr KB, 33, spent six years in jail and has dementia, a chronic acquired brain injury and epilepsy.

He was found unfit to stand trial for aggravated assault in 2007.

The third man, Mr KC, 24, has an intellectual disability and possibly autism and spent four and a half years in jail.

After threatening a carer with broken glass and causing $5000 worth of property damage he was found unfit to stand trial.

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Mr KD, 50, has a severe acquired brain injury as a result of alcohol abuse and petrol sniffing.

He's been in custody since 1996 after he was found not guilty of murder, robbery, assault and rape charges.

The commission accused the commonwealth of failing to work with the Northern Territory government to provide appropriate accommodation and services for the men.

It made seven recommendations including releasing the men in alternative accommodation and covering them under the national disability insurance scheme before its territory-wide roll out in 2016.

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The federal government rejected the findings, saying it did not have responsibility for the NT government.

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