In the wake of the coronial finding that 16 year old Cleveland Dodd’s death in youth detention, Amnesty International Australia demands the immediate closure of Unit 18 and for the children incarcerated in the facility to be transferred into treatment programs that prioritise healthcare, rehabilitation and connection to community.
Cleveland Dodd suffered major depressive disorder and despite repeated pleas from advocates and his family, Cleveland was confined alone for up to 22 to 24 hours each day in the months leading up to his death. WA authorities kept him in near total isolation in an environment the coroner described as ‘resembling a 19th century jail.’
“Cleveland’s death was not an accident. It was the direct result of a system that inflicts extreme and unlawful harm on children in its care,”
Kacey Teerman, Amnesty Australia’s Indigenous Rights Campaigner
“Cleveland’s death was not an accident. It was the direct result of a system that inflicts extreme and unlawful harm on children in its care,” says Kacey Teerman, Amnesty Australia’s Indigenous Rights Campaigner.
“The coroner confirmed that Cleveland was held in conditions that were inhumane, degrading and in breach of Australia’s human rights obligations. This finding must immediately trigger the closure of Unit 18 and the evacuation of the children incarcerated within it.”
“Cleveland was held in extreme isolation for weeks and months. The severe mental suffering he experienced was entirely foreseeable and repeatedly raised with authorities by advocates and Cleveland Dodd’s family. State officials knew the risks. They continued the harmful practices regardless.”
Amnesty International Australia is unequivocal; Cleveland was subjected to treatment that meets the legal definition of torture under international law.
Under the Optional Protocol to the Convention Against Torture (OPCAT), Australia has a non-negotiable obligation to prevent torture and all cruel, inhuman or degrading treatment in places of detention. The UN Mandela Rules, which underpin OPCAT, clearly prohibit any solitary confinement of children. They further state that prolonged solitary confinement, defined as more than 15 days, is considered torture or cruel, inhuman or degrading treatment.
Under OPCAT, the extreme isolation that WA Corrections subjected Cleveland Dodd to is a prima facie case of elements of torture being used against children, including severe suffering, knowledge of harm and state responsibility.
“Cleveland should still be alive. His death must mark the end of a system that harms children instead of protecting them. The WA Government must act without delay,”
Kacey Teerman
“The coroner found Cleveland’s death was predictable and preventable. This finding is as serious as it gets. It removes any doubt about the catastrophic failings of WA’s youth justice system and the lethal consequences of operating Unit 18. Continuing to detain children in Unit 18 is indefensible,” says Ms Teerman.
Amnesty International calls for:
- The immediate closure of Unit 18 and the transfer of all children out of adult prison infrastructure,
- An end to solitary confinement of children in accordance with Australia’s binding obligations under OPCAT and the Convention Against Torture,
- The end of the use of all cruel, inhumane and torturous practices, including spit hoods.
“Cleveland should still be alive. His death must mark the end of a system that harms children instead of protecting them. The WA Government must act without delay,” says Ms Teerman.
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