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Lawyers ‘alarmed’ by WA Police refusing medical treatment to woman in custody
Australian Lawyers for Human Rights has condemned West Australian Police for its refusal to give access to medical treatment to a woman in 2017.
Jerome Doraisamy
Source: wamnetwork.com.au
ALHR slammed WA Police for its conduct toward Ms Duncan (a pseudonym), in which she displaced her hip while being arrested and held in custody but was denied access to medical treatment for hours.
The report describes the conduct of the WA Police as ‘oppressive, unjust and contrary to law’, ALHR outlined, noting that WA law entitles citizens to seek ‘necessary medical treatment’ upon arrest.
“ALHR is alarmed that such an incident could occur just 14 days after the Coroner delivered her grave and highly publicised findings regarding Yamatji woman, Ms Dhu, who, in 2014, was in custody for unpaid fines and died in shocking circumstances after her medical complaints to authorities fell on deaf ears,” the advocacy group said in a statement.
“In addition to violating protections in WA legislation, the conduct described represents a very serious breach of article 10(1) of the International Covenant on Civil and Political Rights which affords all detained persons the right to be treated humanely,” says ALHR president Kerry Weste.
“This right extends to the right to access medical treatment and undergo a proper medical examination while in detention, a position that has been upheld by the UN Human Rights Committee,” she added.
ALHR called on WA Police Force to “urgently put in place measures, including police education, to promote improved compliance” with international legal obligations and to avoid further harmful repeats of such incidents.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
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