The use of force by guards against detainees in Australia’s onshore immigration detention centres has soared in the past two years after a “streamlined” approval process was introduced.
Incident logs obtained by Guardian Australia that list every reported “use of force” at all mainland detention centres and Christmas Island reveal that the rate of reported incidents per 1,000 detainees rose from 2.6 in January 2013 to 70.3 in March 2015.
The federal government wants to introduce new powers allowing staff more latitude in the use of force and granting them greater immunity from prosecution.
The bill has been criticised by legal experts, including one former judge who said it would effectively allow asylum seekers to be beaten to death. Labor and a number of crossbench senators do not support the bill in its current form, and it has been blocked in the Senate.
A number of factors have contributed to the rise in reported use of force, Guardian Australia’s analysis shows. The introduction of mandatory offshore processing for asylum seekers who arrive by boat led to an increased use of restraint for scheduled transfers to Manus Island and Nauru.
In March 2013 the use of restraints was folded into the same category of reporting as the use of force by detention provider Serco, which also increased the reporting count.
A leaked report from February 2014 shows the rise in the overall rate coincided with a relaxation of restrictions around the use of force, including a “streamlined” approval process for the use of force and deregulation of the “enhanced escort position”, a controversial elbow and arm lock.
In total, 2,937 use of force incidents were reported between January 2013 and March 2015. This is less than the actual number of incidents per detainee, as some entries log multiple uses of force, such as when use of force is approved in advance for a busload of detainees. Twenty-five incidents involved the use of force on minors.
Use of the enhanced escort position appears to be far more widespread than previously thought. A keyword analysis suggests that 1,147 uses of force incidents – about a third of the total – involved the technique.
Using keywords, incidents were categorised as relating to self-harm (237), transfers or escorted trips (1,322), the enhanced escort position (1,147), and medical reasons (344).
Methods
The logs of use of force incidents were obtained by a freedom of information request, then converted into a spreadsheet from the original PDF for analysis. Population statistics for all onshore facilities (including Christmas Island) were obtained from the Department of Immigration and Border Protection and used to calculate the rate per 1,000 detainees for use of force incidents.
Incidents were categorised by the presence of words or phrases in the text of the log.
The incidents show a range of ways that use of force is used, including handcuffing asylum seekers on their way to court hearings.
- One incident reads: “Pre-approved planned use of force, mechanical restraints and EEP was utilised on detainee during his escort to federal court.”
- Another reads: “Client mechanically restrained while on escort in non secure areas – 16/10/2013 pre-approved by DIBP.”
The use of force is also recorded for a large number of asylum seekers who attempted self-harm.
- “Unplanned use of force used on detainee who self-harmed, from further injury to himself and others and taken to NWP medical clinic.”
- “Detainee was self-harming by hitting his head against a wall. Use of force required to prevent injury.”
- Another shows that handcuffs were used on a detainee who had been sedated: “Mechanical restraints were utilised on detainee having been sedated by the police after he had self-harm actual.”
Other instances relate to potential escapees, and to prevent minors in detention harming each other.
- “Rear arm entanglements and mechanical and flexi restraints used on 2 escapees and 1 attempted escapee.”
- “Unplanned use of force used to separate two minor clients involved in altercation on school bus.”
