ABC’s Four Corners reports evidence of ‘torture’ of children in NT’s Don Dale detention centre

SHOCKING VIDEO: Teenagers held in isolation in NT detention centres were tear gassed, taunted, struck, thrown around and stripped naked by prison officers, shocking footage reveals

CORRECTIONS officers tear-gassing, “torturing” and stripping children naked in detention at Don Dale is a “national disgrace that demands a national inquiry”, says the Sydney-based law firm representing two of the youths..

Shocking footage taken from the so-called “riot” at Don Dale Youth Detention Centre in August 2014 shows corrections officers tear-gassing six kids — most of whom were in their cells — wrestling them to the ground and calling them “little f****rs”.

The footage, obtained by ABC, calls into question statements by officials at the time that the riot was caused by youth prisoners escaping their cells.

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Peter O’Brien, a lawyer representing two of the youths in legal action against the Government, said the handling of youth detainees would be classified by the United Nations as “torture”.

“A Royal Commission into the treatment of children in Northern Territory detention is absolutely essential to determine the extent and impact of the abuse and to determine why this abuse was allowed to occur,” he said.

One of the teen inmates with a hood over his head and left strapped and shackled to a specially-designed chair in a cell in Darwin's Berrimah jail in a still from the ABC's Four Corners program. Picture: ABC/Four Corners

“When the NT Government was alerted to the problem, it did nothing to ensure the safety of the children.

Former corrections commissioner Ken Middlebrook at the time defended the guards’ actions. He told ABC that: “I am not in the business of overuse of force. There were two sprays from an aerosol in the area. Now it wasn’t overuse of gas.”

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The CCTV footage and video recordings by staff show 10 bursts of tear gas being sprayed over 90 seconds.

Five of the boys were locked in their cells — two of whom were playing cards. Mr Middlebrook was reportedly at the scene.

Excerpts of video obtained by Four Corners, which the ABC says features "a chilling catalogue of footage revealing a pattern of abuse, deprivation and punishment of vulnerable children inside Northern Territory youth detention centres". Picture: ABC/Four Corners

One 14-year-old was hitting the wall with a light fixture after being thrown in isolation for an unspecified period of time.

The video also shows two of the kids screaming in pain when they were taken to the ground and sprayed with a hose by guards.

Mr Middlebrook said the youths had threatened staff with weapons fashioned out of smashed dinner plates, light fittings and windows.

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He added it was the first time in his seven years in the Territory that tear gas was used to quell detainees at the centre.

In 2014, there were 12 major incidents officially recorded — more than double that of any preceding year since 2009 — while a Government-commissioned report completed the same month as the tear-gassing incident said the system was in dire need of a complete overhaul.

Mr Middlebrook was forced to resign more than a year later in November 2015, after allowing convicted rapists to take part in prison work release programs.

The issue was only revealed after axe-murdering rapist Edward Horrell escaped and went on the run.

Chief Minister Adam Giles said at the time that he accepted Mr Middlebrook’s resignation and downplayed other issues in the Corrections Department, including the allegations of human rights abuses against children in detention — both from the supposed riot and other incidents.

“I know Territorians have confidence in the way the corrections system is performing,” Mr Giles said then.

“As I said, I have confidence in the corrections department, in the corrections staff and the prison officers in the challenging environment in which they work.”

Mr Giles said he did not force Mr Middlebrook to resign and praised him for carrying out a “reform agenda”.

Calls from members of the legal fraternity to sack Corrections Minister John Elferink at the time for the numerous escapes and his handling of youth detainees were ignored.

A review of the tear-gassing incident was called at the time but its whereabouts have not been made public.

A scene from video which will be screened by the ABC’s Four Corners tonight. Picture: ABC/Four Corners

The shocking footage of the tear-gassing incident was aired on an episode of Four Corners, entitled “Australia’s Shame”.

ABC called the vision “a chilling catalogue of footage revealing a pattern of abuse, deprivation and punishment of vulnerable children inside Northern Territory youth detention centres”.

NT Chief Minister Adam Giles said he was shocked and disgusted by the footage shown on Four Corners

“A community is judged by the way it treats its children and serious questions were raised by ABC tonight,” he said.

“Equally the Northern Territory Government does not resile from its tough approach to those who don’t want to respect others people’s property or safety.

“But tonight questions were raised about what is going on in our juvenile detention system that date back to 2010.

“While the community grants those responsible for running our custodial system certain powers to do a difficult job, those powers have limits. Policies and procedures exist to codify what those powers are and when and how they can be used.”

Mr Giles said the footage raised questions about whether those powers had been used in the right way.

“I have asked the Commissioner of NT Police to consider if the incidents highlighted by Four Corners were used in accordance with the powers afforded to custodial officers,” he said.

“I have indicated to the Commissioner that if police were to form a view that any law has been broken then the government and the community would expect that such matters be pursued rigorously.”

Mr Giles plans to seek advice on the establishment of a Royal Commission to investigate the matters raised in the Four Corners story.

“I intend to consult the Leader of the Opposition on the terms of reference of this inquiry.,” he said.

“I hope the process can begin prior to the caretaker period for the August 27 election commencing, however I will continue to work with the Opposition Leader to make sure such an inquiry happens.

“I have full confidence in the majority of custodial officers working in the Northern Territory’s institutions. They have a challenging and difficult job, one that not many people wish to do. To those officers I want to say, you have my full support for the work that you do in upholding our laws.”

Mr Elferink and new Corrections Commissioner Mark Payne were contacted for comment.