West Australian justice advocates have considered filing complaints to the United Nations after inmates at Roebourne prison were left to swelter in record heat without adequate air-conditioning.
The regional town recorded a high of 50.5 degrees on January 14, the second hottest day recorded in national history.
The Aboriginal Legal Service of Western Australia (ALSWA) has described the lack of access to climate control for Roebourne inmates as “deplorable” and is considering filing a complaint to the UN after the "inhumane treatment."
"We are scouting out options, we feel that we have exhausted all domestic remedies. We now will go international,” said CEO Dennis Eggington.
“We were very worried for people's welfare and appalled that this country, and particularly this state, continues to do this to our people."
The Nyungar man said the ALS was “appalled” after having called for changes for many years, describing the situation as coming almost "full circle", referring to the 2008 death of Ngaanyatjarra Elder, Mr Ward.
Dennis Eggington says leaving inmates of Roebourne Prison to suffer record heat without air-conditioning is inhumane. Source: Sarah Collard
Mr Ward died after enduring a four-hour journey from Laverton to Kalgoorlie in the back of a police van in temperatures of up to 56 degrees.
“Here we are again saying that we have evidence from family and community members that the heat is driving people crazy. They can't sleep at night; it's causing them mental distress,” he said.
Human rights lawyer and academic, Dr Hannah McGlade encouraged international intervention.
"We are talking about global warming and people being forced to endure dangerous heat conditions. They don't have the liberty to cool down like other people,” she told NITV News.
"The state has a very clear duty to their health, and this is violating that duty. We have commitments under our international obligations.”
Independent prison watchdog, the Inspector of Custodial Services (OICS), has recommended changes to climate control at Roebourne prison to the state government in 2016 and 2019.
A 2016 photo of a cell in Roebourne Regional Prison in Western Australia. Source: Office of the Inspector of Custodial Services
In 2016, OICS recommended for air-conditioning to be installed in all resident cells. According to OICS, the Department did “not accept the reality” of documented risks to inmate health and safety at the time.
OICS’ 2019 Inspection of the Roebourne Regional Prison report held accounts of inmates experiencing “prickly heat rash for months over the summer” and that inmates were routinely “locked in a small room with one or more other adults for 12.5hours or more each night”.
WA Department of Justice told NITV News that a number of “effective controls” are employed to “manage the heat risk across the state”.
“At Roebourne, this includes fans in every cell, air-conditioning in the recreation hall, prisoner visits area and female activities area, shade structures in the main areas of the prison and a flexible routine to adjust to the Pilbara’s heat conditions,” they said.
Air-conditioned cells are available for “prisoners with medical conditions”, and for “Section 95 prisoners who undertake full-day outdoor physical activities”.
