Prisoners are suing the State of Western Australia over inhumane conditions they endured while incarcerated at Hakea Prison.
Writs lodged in the WA Supreme Court by the Aboriginal Legal Service of WA on behalf of six prisoners allege the State, Department of Justice chief executive officer and the Hakea Prison superintendent breached their duty of care.
The inmates claim they were confined to “inhumane living conditions” and “severely reduced access to essential entitlements and services” during their time at Hakea.
The writs filed on behalf of Keil Kevin John Knapp, Craig Egan, Ivan Thomas Jackamarra, Matthew Maslin, Dwayne Hurtle Abraham and Gregory Bryce Julian Oakley allege the defendants breached their duty of care under the Prisons Act of 1981 (WA) constituting in false or unlawful imprisonment.
“The First Defendant, the Second Defendant and the Third Defendant are directly or vicariously liable for the false or unlawful imprisonment, breach of duty of care, and breach of statutory duty,” the plaintiffs claim.
Hakea Prison is a maximum security jail in Perth’s south that houses more than 1000 male inmates, but has come under fire recently for failing to meet the most basic standards.
The Inspector of Custodial Services Eamon Ryan revealed in a report last year that prisoners were being held in cramped, unhygienic cells that were infested with pests.
The inspector said while conditions had slightly improved, they remained “entirely unacceptable.”
“Men at Hakea are still being held in conditions that do not meet the basic level of decent treatment required under national and international human rights and standards,” Mr Ryan stated.
District Court Judge Linda Black reduced a man’s prison sentence last year because of the conditions at Hakea.
Judge Black said the prison’s population exceeded its official capacity and severe overcrowding had led to 80 men sleeping on mattresses on cell floors near toilets.
She said the conditions were cramped, unhygienic, undignified, and had resulted in prisoners being injured.
NewsWire understands the Aboriginal Legal Service of WA will make a statement about the matter next week.
The Department of Justice has been contacted for comment.
