Indigenous people are less likely to die in custody than non-indigenous detainees, making up 29% of prison deaths despite being 37% of the prison population, new data shows.
A statistical report from the Australian Institute of Criminology statistics found that of the 113 people who died in police or prison custody in the last financial year, 33 were aboriginals or Torres Strait Islanders.
The death rate for non-indigenous prisoners was 0.22 per 100, compared to 0.15 for indigenous prisoners, which was slightly higher than the decade average of 0.13.
Indigenous people make up about 3.8% of the population, but are heavily overrepresented in prison due to their disproportionately high rates of criminal offending, even though they get special legal representation, unique treatment in sentencing, and their own Koori courts.
But aboriginal activists, including independent senator Lidia Thorpe, have seized on the proportion of deaths being up from 23% a year earlier and the number of deaths being the highest since 1979-80 to declare the situation a “national crisis” and tough on crime laws “racist”.
University of Melbourne associate professor of criminal law Amanda Porter, who is indigenous, told ABC News solutions proposed by the families of aboriginals who died behind bars, including decriminalising public drunkenness and disarming police, would “improve safety for everyone”.
Another indigenous academic, associate professor at Curtin Law School Hannah McGlade, said prisons needed better mental health programs and medical care.
“Aboriginal people are at higher risk of illness and disease. That is a reflection of our colonial history and the ongoing impacts of disadvantage as a result,” she said.
The highest number of indigenous deaths in custody occurred in NSW, and a state government spokesperson said it was “working hard to reduce all preventable deaths in custody”.
“The increase in the number of Aboriginal people in custody is largely driven by rising remand rates as a result of the government’s reforms targeting violent offending,” they said in a statement.
“This includes making it harder for serious domestic violence offenders to get bail as well as a stricter bail test for young people accused of repeat car theft and break and enter offences.”
Header image: Silverwater Metropolitan Remand and Reception Centre in Sydney (NSW Department of Communities and Justice).
