Lights on for up to 10 days, no window and no water: Tasmania’s dry cells in breach of torture rules, report finds

A report reveals what it is like inside one of Tasmania’s dry cells, and raises concerns they breach international torture rules.

Custodial inspector Richard Connock gives evidence at a Legislative Council inquiry into Tasmanian adult imprisonment and youth detention.

Inmates have been kept in windowless “dry cells” with the lights on for up to 10 days by the Tasmanian Prison Service in breach of international anti-torture rules, a report has found.

The Custodial Inspector’s report on Inhumane treatment in Dry Cells was tabled in state parliament on Tuesday.

Dry cells have no access to water and are used in an attempt to retrieve contraband from people in custody who are suspected of having concealed it internally.

The report said prisoners were kept in the cells for up to 23-hours a day with the lights always on, no form of distraction or entertainment, and no way of raising the alarm in an emergency.

“The measures put in place to stop drugs entering a prison must not erode a person’s fundamental human rights, particularly the prohibition of torture and other cruel, inhuman or degrading treatment or punishment,” the report said.

“Notably, contraband was very seldom found in the dry cell placements we reviewed.”

The treatment of prisoners were in breach of the United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules, which prohibit restrictions or disciplinary sanctions amount to torture or other cruel, inhumane or degrading treatment or punishment.

Director of Prisons Ian Thomas. Picture: Chris Kidd

The rules include indefinite solitary confinement, prolonged solitary confinement and the placement of a prisoner in a dark or constantly lit cell.

“The practices identified by my team through inspection and monitoring demonstrate that the focus of the TPS is primarily on obtaining suspected contraband rather than prioritising human rights and ensuring the wellbeing of people in their custody,” Custodial Inspector Richard Connock said.

“In our view, the conditions in these dry cells breach the first of the Nelson Mandela Rules, that ‘all prisoners shall be treated with the respect due to their inherent dignity and value as human beings.

“No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhumane or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.’

“Safeguarding the security of a prison and seeking to restrict the trafficking of contraband is important and plays a role in ensuring wellbeing.

“However, this must be balanced by ensuring people are treated with dignity and respect and they are held in appropriate conditions.

“If the TPS is breaching the Nelson Mandela Rules, it has not got the balance correct.”

Mr Connock said he was aware of the use of dry cells in other Australian jurisdictions and called for them to be phased out as soon as possible.

“By far the most dangerous finding was that there is no way for people in some of these dry cells to call for help in an emergency,” he said.

“This is an extreme risk if someone has ingested or internally concealed drugs.

Minister for Corrections and Rehabilitation Madeleine Ogilvie. Picture: NIKKI DAVIS-JONES

Minister for Corrections and Rehabilitation, Madeleine Ogilvie said the government would look into the report.

“The Tasmanian government remains firmly committed to addressing the issues raised by the Custodial Inspector in his report, and we will continue working to improve our corrections system,” she said.

The report is the second time the state had been found to have breached anti-torture rules in recent years.

In 2022, a United Nations committee found the treatment of children at the Ashley Youth Detention Centre continued to be in breach over its use of solitary confinement.

Call to better protect prison whistleblowers amid reports of notorious ‘dry cells’

August 6: The state government needs to do more to protect staff and inmates who blow the whistle in the Tasmanian Prison Service, the jails watchdog says.

The Custodial Inspector Richard Connock has repeated his call for better protections from reprisals for raising concerns with his office.

A report from the Mr Connock’s office will be tabled in parliament on Tuesday dealing with inhumane treatment in “Dry Cells” in Tasmanian prisons

Dry cells are traditionally cells without water and are used to retrieve contraband from people in custody who are suspected of having concealed it internally.

“My office initiated a review of dry cells due to concerns raised with our inspection team by a Tasmania Prison Service staff member,” Mr Connock said.

“The staff member was concerned that the treatment of people in custody while in dry cell regimes was inhumane.

“Sadly, our review found this to be true, and we have prepared a report that will be tabled in both Houses of Parliament that details our findings and the Department of Justice’s response.”

Mr Connock said it took courage to come forward with a complaint.

“If the staff member hadn’t raised their concerns with my team, this inhumane treatment in Tasmanian prisons may have continued undetected,” he said.

“Unfortunately, we have limited resources to cover custodial centres throughout the state, including Ashley Youth Detention Centre.”

“One of the main ways in which we hear about issues within custodial centres is when people, including those in custody and staff, raise them with us,” he said.

Razor wire fence.

“Some people who have raised concerns with my office in the past have reported that their actions were not well received, either by other custodial staff or by other people in custody. “Some people have also indicated that they are reluctant to disclose information knowing there is no protection against reprisal.”

“Thankfully, so far, I have heard no reports of reprisal towards the staff who raised concerns with us about the treatment of people in dry cells.

Mr Connock said there were no protections in the Custodial Inspector Act against reprisal targeting those who have spoken with my Office.

“There should be,” he said.

“Although we strive to protect the identity of people who provide us with information, sometimes assumptions and conclusions can be drawn from the circumstances being reviewed and reported on.”

Better protection for complainants was highlighted in the 202-23 Annual Report of the Custodial Inspector, but the government has not responded.

Mr Connock said the law should be changed to match the provisions of the OPCAT Implimentation Act.

That legislation carried fines of up $220,000 or two years imprisonment for threats or reprisals against those who provide information to authorities.