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A public meeting was held on 28 January this year to discuss the establishment of a Deaths in Custody Watch Committee. This meeting was well attended by approximately 60 people, many representing organisations. This meeting endorsed the establishment of the first Watch Committee for Victoria.
A number of people addressed this meeting, including Ray Jackson from the Indigenous Social Justice Association of NSW, Debbie Brennan of Radical Women and Catherine Gow from the People's Justice Alliance. Following is the paper presented by Ray Jackson and various statistics presented to the meeting by Catherine.
Ray Jackson: Indigenous Social Justice Association, NSW.
" Recognition of Wurrudgere Land - always was, always will be, land never ceded.
Atrocities against the indigenous peoples of Australia was virtually set in historical concrete from invasion Day 1788 in Sydney Cove. These atrocities included, but were not restricted to, loss of land, of tribal areas, loss of cultural, abuse and use of indigenous women, the wholesale slaughter of Aboriginal nations, the taking of children, which in time compounded the problems for indigenous people and brings us to the modern day atrocity of Aboriginal deaths in custody, or better called, indigenous deaths in custody to include also the many deaths of our brothers and sisters from the Torres Strait Islands.
Being harassed by government officials, including police, allowed for more and more indigenous men, women and children to be placed in custodial institutions. Either missions, police lock-ups, juvenile detention centres or prisons. Due to innate racism, the historical racism that is still with us today, many of our people died in some form of custody. this deadly abuse continued for well over a hundred to a hundred and fifty years, dependent on which State or Territory your nation was situated, or in which you lived.
The Eastern States of Queensland, NSW, Victoria and Tasmania bore the brunt of the invasion whereby in Tasmania it was believed that all the Tasmanian Aborigines were wiped out, but the Aboriginal descendants of Tasmanian Nations still survive, as do Aborigines throughout Australia. Aborigines are now a rainbow of blackness throughout the land.
During 1985, Aboriginal groups, supported by trade unions, churches and left groups and others were appalled at the ever-increasing deaths in custody rates of indigenous peoples. The State, Territory and Federal governments believed nothing could be done and verbally blamed the victims and their families. Some governments even called on Aboriginal communities to stop shaming Australia in the eyes of the world., leading up to the bicentennial celebrations of the invasion.
The Committee to Defend Black Rights, a community organised group, during late 1985 organised a national tour of deaths in custody families. During 1987 indigenous deaths were occurring with sickening regularity, averaging one death per 6-8 weeks. Mostly police deaths. International pressure was also being put on to the Hawke Government to hold a National Inquiry into Black Deaths, which was also the call of the deaths in custody families and their support group.
Hawke offered a Parliamentary Inquiry at a restricted cost of one million dollars. This was considered an assault and an outrage. In April 1987 a public meeting was held at the Sydney Town Hall which was attend by thousands of ordinary people, both white and black, calling on the Federal Government to institute a Royal Commission to investigate all the indigenous deaths in custody. Also born at that community meeting was the Aboriginal Deaths in Custody Watch Committee. which was initiated as a white-support for the Committee to Defend Black Rights and the families. The Watch Committees first official function was to lobby Hawke for a Royal Commission.
Late 1987, Hawke agreed and the parameters were set to look at 99 indigenous deaths from 1/1/80 to 30/5/89. An interim report was handed down during 1989 and the final report in June 1991, encapsulating 339 recommendations. 169 of those recommendations were relative to the custodial system. That gives you some idea how bad the situation was and to some extent, still is. The Royal Commission cost over $30m and resulted in the families of the victim being the real cause of deaths in custody. No police or prison officer was found guilty of any crime. Apart from using the wrong colour forum for which they were counselled. The Watch Committee continued through the years, supporting indigenous inmates and detainees where possible and lobbying the NSW government and its police, prison and juvenile services. During those years, about 1991, it was decided to restructure the Watch Committee to become fully managed and controlled by an indigenous management committee, with all indigenous workers to be employed when we received ATSIC funding. From about 1992 on, access was allowed into the prisons but on a restricted basis for visiting purposes only. Being an unfunded community group limited us as to what could be achieved, but we continued the struggle for justice. ATSIC funding began in September 1994 and by March 1997 we employed nine workers, five of whom covered the State's prisons and juvenile centres.
The Watch Committee became a monitoring body of the Deaths in Custody recommendations within the custodial system. We linked in with community monitoring organisation's in other States. Deaths in Custody Watch Committee (DICWC) in Western Australia which looks at all custodial deaths in WA, ALRM in South Australia which looks at Indigenous deaths and other indigenous issues, Michael Mansell's group in Tasmania, Sam Watson of the Queensland Aboriginal Legal Service and the Northern Territory Aboriginal Legal Service. The only 'black spot' was Victoria.
Obtaining information from Victoria became very difficult, None of the relevant government departments wanted to deal with us. During 1996 we asked the Freedom Socialist Party and Radical Women if they could assist us in this matter and the Victorian DICWC tour was arranged, to allow Barbara Nicholson and myself to tour Victoria, meeting with prison and police officials, visiting communities for meetings, touring with Ron Murray of the Aboriginal Community Justice Panels, meeting indigenous organisations and individuals, Latrobe University and other areas also.
Arising from that tour was a clearer understanding that conditions for indigenous people was not as reported by government officials and government statistics. one major problem we found was that Aboriginality was identified by the police. Thus many inmates/detainees of Aboriginal descent would not be identified hence, presumably unless known by the Aboriginal Legal Service or other Koori groups, would not be counted as an indigenous death in custody.
This scenario was well proved on a visit to the newly opened Deer Park women's prison, with the governor - or business manager as they are now know - stated that there were only two indigenous women incarcerated. During our tour, we found six! One woman actually wore the colours and had the flay and other indigenous items in her cell. The business manager became very confused in finding that this woman identified as an Aboriginal! because her records stated differently. On a visit to Pentridge prison prior to its closure we asked how many indigenous prisoners were currently there. Our guides did not know or did not want to tell us. Since November 1996 up to today, there has been some improvements within the Victorian system but there's till a great need for a community led and organised Watch type organisation to be formed and it is my general opinion that such an organisation should be modelled on the DICWC (WA) which looks at all custodial deaths, and supports the WA Aboriginal Legal Service for black death investigations.
It must be clearly understood that the Royal Commission recommendations cannot, and will not, be only restricted to indigenous prisoners/ detainees. Proper and full implementation of the relevant recommendations will not only allow for a decrease in suicides, or deaths by so called 'natural causes' for black prisoners/detainees but will also beneficially flow-on to non-indigenous prisoners.
A protocol was signed in October 1997 between CORE, the public Correctional Enterprise, and the Aboriginal Community Justice Panel's (ACJP). ACJP's which whilst raising many questions of interpretation does have at least four recognised areas of improvement and commitment to positive change. Even if it did take six years to galvanise CORE commitment to the Royal Commission recommendations!
One improvement is that Aboriginality will now be performed by an ATSIC Liaison Unit within each gaol, with the assistance of ACJP volunteers. The downside is that the Liaison Unit personnel do not necessarily need to be indigenous themselves. So we will have whites identifying blacks. Even should cross cultural awareness training occur this could still become problematic. The improvement is that such a role has been taken from the police and at least there is some possible Justice Panel involvement.
The second improvement is that Victoria has passed legislation to enable indigenous prisoners to attend interstate funerals. What is not mentioned is who is to pay the travel costs? Is the extended family concept recognised and have interstate custodial processes stopped being a bureaucratic nightmare?
The third is that ACJP volunteers now have the ability to monitor movements of ATSIC prisoners from lock-up to prison. It does not explain how this is to be done.
The fourth improvement is that ACJP volunteers can be present during the initial prison screening of an ATSIC prisoners. This is a most important part of the intake process. The document is silent on what training is to be given, what responsibility levels are involved.
The last, and possibly best improvement is that ACJP volunteers can act as an 'observer' during the internal disciplinary charges of ATSIC prisoners by the Governor or Business Manager. The document however does not explain what training would be given and the powers of the ACJP volunteers as opposed the prison manager.
With the exception of the first arguable improvement - identifying Aboriginality or Indigenous status - I will certainly on my return to Sydney, call for a meeting with the Corrective Services Minister and the prison Executive to argue adoption of these practices, with NSW refinements of course.
The example of sharing between both community and government organisations at State and Territory level of the best of what is on offer, to make 'best practice' a National aim of custodial community watch organisations, is the only real way to go. Community organisations working at a local or state/territory level but linked in at the National level to humanise custodial situations for all people. We must, in fact, both communalise and nationalise custodial issues.
In NSW there are at least two community led organisations - one being the Criminal Justice Coalition - which attempts to monitor non-indigenous deaths in custody but they are still at a relatively early state of the investigation process, also the monitoring. It has always amazed me that white society in general ignores the horror of deaths in custody of white prisoners. It is as though these inmates become hidden and belong only to their respective family and friends.
This of course is not true. We as a society - both black and white - have a responsibility to them as much as we have a responsibility for our own. We create the society, or allow it to be created for us, and therefore have the power to remake and restructure the society that we really want.
60% of inmates - black and white - are incarcerated for periods of 12 months or less. We are not talking major criminals here, we are talking of mainly drug-related crimes. Society must recognise this and act accordingly. We must not follow the American way whereby over one million prisoners are held in State and Federal prisons. A community monitoring body, looking at custodial deaths is as important to all of us as are bodies that monitor Government sand bureaucrats, business and banks, education and health. Without community monitoring, abuses of all types will continue to occur and will be compounded by the arrogance and apathy of the bureaucrats running the system.
Deaths in custody is a National problem. Victoria is part of that National problem. Victoria is part of the National solution. Deaths in custody issues need a National solution. I therefore strongly urge all of you here this evening to grasp the nettle of the problem and become part of the solution. Form a community group - of all colours and races - to monitor custodial deaths in custody in Victoria, along with other custodial related issues".
Catherine from PJA presented the following information: In Victoria there are 13 adult prisons and 3 juvenile detention centres. Of the adult prisons, two are women's prisons (MWCC and Tarrengower) and 11 men's prisons. 3 adult prisons are now privately owned and operated:
• MWCC - opened August 1996 - operated by CCA - one death in custody.
• Port Phillip Prison - opened September 1997 - operated by Group 4 - five deaths in custody (there has been a further hanging death at Port Phillip on 19.3.98 and the death of a man who had attempted suicide two weeks ago - he had been in intensive care since and died on 20/3/98).
• Fulham Correctional Centre - opened
April 1997 - operated by ACM
(Wackenhut).
There are approximately 2700 adults in prisons in Victoria, of this number approximately 150 are women.
Number of deaths in custody since 1989:
1989-1990 4 deaths
1990-1991 2 deaths
1991-1992 3 deaths
1992-1993 7 deaths
1993-1994 5 deaths
1994-1995 7 deaths
1995-1996 5 deaths
1996-1997 2 deaths
1997-1998 5 deaths (NOW SEVEN DEATHS)
These are just the deaths in prison custody. In the last 13 years there have been 38 fatal police shootings and numerous deaths resulting from high speed police pursuits and in police custody. We have no indication of the number of deaths in juvenile detention centres, migrant detention centres, nor forensic psychiatric units.
Some Victorian statistics to think about:
• 1987 - 1994 the number of indigenous adult prisoners in Victoria doubled.
• Juvenile justice incarceration increased 1/3rd in the period 1995/96 - 1996/97.
• Last year the number of indigenous juveniles in detention went from 7 to 16 (one is female/15 male(.
• Almost 20% increase in women's imprisonment last year.
• Nearly 20% increase in adult incarceration in the last five years (men and women).
• Indigenous over representation in adult prisons is 13.8% (men and women).
• Over representation of juvenile custody is 15%.
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