Cases violating ICCPR art 10(1) (potential) (2)

Note that committees can record actual or potential violations.

All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

ICCPR art 10(1)

Cabal & Pasini v Australia (HRC, 2003)

Remedy's assessment: Partially remedied

Mexican brothers-in-law living in Australia were subject to arrest warrants in Mexico. They were remanded in custody while contesting extradition. The HRC found that locking the 2 men in a wire cage with floor area only big enough for a chair constituted a breach of prisoners’ right to humane and dignified treatment. The men were extradited before the HRC reached its Final Views. Australia has said it would ensure ‘a similar situation does not arise again’, but does not accept that Cabal and Pasini are entitled to compensation.

Read more on Cabal & Pasini v Australia.

Madafferi & Madafferi v Australia (HRC, 2004)

Remedy's assessment: Partially remedied

Mr Madafferi, an Italian in Australia, overstayed his tourist visa. He came to the attention of Australian authorities when he was sentenced by an Italian court in absentia. In the meantime, he had married an Australian and fathered Australian children, but his application for a spouse visa was refused on character grounds and he was detained, pending deportation. Mr Madafferi developed a ‘stress disorder’ in detention and was admitted to a psychiatric hospital for 6 months. The HRC requested a stay of deportation, which was initially refused. The Committee found that conditions in immigration detention were inhuman, and that there would be arbitrary interference with the family, in conjunction with treaty provisions protecting the family and children, if Mr Madafferi were deported. In 2005, his deportation order was overturned ‘on humanitarian grounds’. The HRC has deemed Australia’s response satisfactory.

Read more on Madafferi & Madafferi v Australia.