Detention (2019) Full Movie

[Algernon Alcala]

In this report, the Australian Human Right Commission assesses how the Australian Government identifies and manages those risks. While identifying some positive practices and developments, the Commission expresses strong concern about a number of issues related to risk management.

No-one held in immigration detention has forfeited their human rights, and immigration detention must never be imposed as punishment. Australian law allows a person to be held in an immigration detention centre only for certain administrative purposes, such as to facilitate their removal from Australia when they do not have a legal right to be here.

The Commission has been conducting inspections of immigration detention facilities for well over two decades. Changes in law, policy and the external environment colour the human rights risks that arise in those facilities at any moment in time.

For much of the period since the mid-1990s, the majority of people in immigration detention were asylum seekers who arrived by boat. However, this has been changing significantly. In particular, there has been an increase in the number and proportion of people detained due to having their visa cancelled on character grounds (often due to their criminal history).

This report examines the human rights implications of current risk management practices in immigration detention. It is based on information gathered during inspections of four immigration detention facilities conducted in the latter part of 2018.

However, the Commission considers that the strategies currently being used to manage these risks can limit the enjoyment of human rights, in a manner that is not necessary, reasonable and proportionate.

As previously noted, immigration detention is administrative, not punitive. Any risk management practices used in this context should be the least restrictive possible and be properly tailored to individual circumstances.

The recommendations in this report are designed to assist in effectively managing genuine risks to safety and security, while also protecting the basic human rights of all people held in immigration detention.

We acknowledge the Traditional Custodians of Country throughout Australia, and recognise their continuing
connection to land, waters and culture. We pay our respects to their Elders past, present and future.

More recent analyses shed further light on racial justice in pretrial decision-making, even though their samples are not nationally representative. I looked at 16 of these more geographically-limited studies, with subjects ranging from federal drug cases in the Midwest to misdemeanor cases in Harris County (Houston), Texas. In all, they include samples from 11 states spread across the U.S., and major cities including New York City, San Francisco, Philadelphia, and Miami.

Of course, no single estimate of racial disparity in pretrial detention will apply to all counties nationwide. In the studies I reviewed, the racial gap in pretrial detention between Black and white defendants ranges widely, from about 10% to 80% depending on the study and jurisdiction (that is, the county or city).

A new Amnesty International field investigation has documented an alarming pattern of the Hong Kong Police Force deploying reckless and indiscriminate tactics, including while arresting people at protests, as well as exclusive evidence of torture and other ill-treatment in detention.
After interviewing nearly two dozen arrested persons and gathering corroborating evidence and testimonies from lawyers, health workers and others, the organization is demanding a prompt and independent investigation into the violations, which appear to have escalated in severity since the mass protests began in June.

From 5 to 12 September, Amnesty International delegates carried out 38 interviews, including with 21 people arrested in the context of protests, as well as with lawyers representing arrested persons; medical professionals who had treated arrested persons; and other first-responders working the front lines of the protests. Amnesty International reviewed photographic and video evidence of many specific events described during interviews, in addition to video, including livestream, of other protests and police actions in response to them. Delegates also observed firsthand an often indiscriminate and reckless police response to protesters, onlookers and members of the media during incidents in Mong Kok on the night of 7 September and in Causeway Bay on the night of 8 September.

In one incident documented by Amnesty International, a female police officer forced a woman to strip completely and go through a full body search after she talked back to the officer; the officer mocked and belittled the woman.
The vast majority of arrested persons interviewed by Amnesty International had not had to go through a comparable search during the same phase of their detention, and several criminal lawyers in Hong Kong described such a strip search as inconsistent with procedure. The woman forced to go through the strip search felt degraded and continued, weeks later, to suffer distress.

Body searches affect the right to privacy and the inherent dignity of the person and therefore should not be carried out lightly by law enforcement officials. Police should only carry out body searches professionally, by a person of the same sex and in the least intrusive manner possible, thus limiting as far as possible the inherently humiliating character of the search.

Since 2015, approximately 150 mumps outbreaks and 16,000 cases have been reported in the United States, typically in close-contact settings such as universities, schools, and athletic events. This is the first report of mumps outbreaks in detention facilities.

MMR vaccination efforts differ among detention facilities; facilities should follow local or state health department recommendations for preventing and responding to mumps (3) and should report cases and follow disease control guidance from their health department. Detainees and staff members at increased risk for mumps should be offered MMR vaccine per existing recommendations for vaccination during outbreaks (4,5). MMR vaccine has not been shown to be effective at preventing disease in persons already infected with mumps; facilities should be aware that cases might occur among detainees exposed before vaccination.

Health departments, CDC, IHSC, and facility health administration can work together to develop appropriate control measures based on local epidemiology and the specific needs of each facility. Identifying and vaccinating close contacts of exposed or symptomatic persons with mumps in detention centers is challenging. IHSC can look up transfer history and facilitate vaccine procurement for detainees in ICE custody upon request from facility health services administrators. CDC is coordinating communication among state and local health departments, IHSC, and other federal partners to mobilize appropriate resources and is providing technical support for implementing appropriate disease control and prevention measures. Effective public health interventions require understanding of facility and custody operations, which often involve frequent transfers of detainees (between facilities and states) and multiple entities with authority for operations and detainee custody.

As of August 22, 2019, mumps outbreaks are ongoing in 15 facilities in seven states, and new introductions into detention facilities through detainees who are transferred or exposed before being taken into custody continue to occur.

1Division of Viral Diseases, National Center for Immunization and Respiratory Diseases, CDC; 2Public Health Safety and Preparedness Unit, DHS/ICE/ERO/ICE Health Service Corps; 3Emerging and Acute Infectious Disease Branch, Texas Department of State Health Services.

MMWR and Morbidity and Mortality Weekly Report are service marks of the U.S. Department of Health and Human Services.
Use of trade names and commercial sources is for identification only and does not imply endorsement by the U.S. Department of Health and Human Services.
References to non-CDC sites on the Internet are provided as a service to MMWR readers and do not constitute or imply endorsement of these organizations or their programs by CDC or the U.S. Department of Health and Human Services. CDC is not responsible for the content of pages found at these sites. URL addresses listed in MMWR were current as of the date of publication.

All HTML versions of MMWR articles are generated from final proofs through an automated process. This conversion might result in character translation or format errors in the HTML version. Users are referred to the electronic PDF version ( ) and/or the original MMWR paper copy for printable versions of official text, figures, and tables.

Immigrants, including asylum seekers and legal migrants, wait an average of more than four weeks to be released, though some have been held inside for years or even decades. Up to 2,500 are children and parents fleeing war and violence in their home countries. Thousands have alleged sexual and physical abuse inside the facilities.

A modest system holding fewer than 3,000 migrants a day at the end of the 1970s, detention has now morphed into a sprawling machinery ensnaring immigrants across the country. And facilities operated under both Immigration and Customs Enforcement (ICE) and the Border Patrol continue to come under fire for holding people in squalid conditions with minimal access to hygiene and medical care.

ICE also runs alternatives to detention programs, including electronic monitoring, phone check-ins and home visits. Over 98,373 people are currently on electronic monitoring, according to ICE. Where ICE pays several hundred dollars per person per day in detention, alternative programs cost an average of $4.42 a day.

Even as the numbers held in detention have expanded, actual apprehensions at the U.S.-Mexico border by the Border Patrol and in the interior by ICE have fluctuated, declining over all since 2000, and spiking again this year. Trump administration enforcement measures have not deterred the most recent surge, made up mostly of Central American families fleeing instability and violence.

c80f0f1006