The use of spit hoods on children in detention is on the rise across the Northern Territory, new data has revealed.
This is despite the government agreeing to adopt recommendations from the 2017 Royal Commission that would prohibit their use.
The data, released by NT Police this week, shows the use of spit hoods in police watch houses across the territory has never stopped and that the restraints have been used 27 times over the past four years.
Eddie Cubillo, a Larrakia man and Associate Dean of Indigenous Programs at Melbourne Law School, worked on the Royal Commission back in 2017.
He told NITV News on Tuesday that it was “criminal” and "brutalisation" for the government to be forcing spit hoods on children.
“The Chief Minister, Michael Gunner referred to the treatment of young people in detention as a ‘stain on the Northern Territory’s reputation’ that he would seek to address,” said Mr Cubillo.
“[But] the government is reneging on the commitment by continuing to do these practices even though there is a recommendation not to do so anymore.
"All research says that the brutalisation of kids is draconian and it's basically like going back to the dark ages and will only make matters worse in regards to their rehabilitation and them getting back to community.
Banners at a rally during the public hearings for the royal commission into youth detention and child protection in the Northern Territory. (11/10/2016) Source: AAP
Following the 2017 Royal Commission into the Protection and Detention of Children in the Northern Territory, the government disregarded key recommendations that Don Dale be closed and spit hoods and restraint chairs be prohibited.
Commissioners who conducted the Royal Commission described Don Dale as failing ‘to comply with basic binding human rights standards… not fit for accommodating, let alone rehabilitating, children and young people’.
Better therapeutic options available
In a statement, NT Minister for Police, Nicole Manison sought to claim a distinction between the appropriateness of the restraint's use in different situations.
“It’s very important to differentiate between police custody (the watch house) and youth detention (i.e. Don Dale),” a statement from her office said.
“The Police Watch House is a short term place of custody, whereas a detention centre is a long term facility.
"When a (child) first enters police custody through the watch house they are in their most heightened and emotional state, this can result in very dangerous, confronting and sometimes threatening behaviour, including acts of genuine self-harm.”
Medical professionals have rebuked Ms Manison’s assertions of genuine self-harm, and claim there are better therapeutic interventions that can de-escalate situations.
Mr Cubillo said the statement from her office was "laughable", and questioned whether the spit hood and chair restraint policies in the NT were "racist" towards Indigenous people.
"It's against their basic human rights as children... as a 10-year-old that's getting a hood chucked on their head and left in the dark basically for extended periods," he said.
"It goes against all basic human rights, not only for adults... but for children.
"And if you want to have a look at the numbers in the Northern Territory, most juvenile in detention are Indigenous... and sometimes it can be up to 100 per cent.
"So one could question whether this is a racial practice."
Currently in the NT, at least 98 percent of juveniles in detention are Indigenous.
