Systemic cruelty: How Australia’s justice system is killing indigenous youth

Australia’s coroner, who is examining the death of 16-year-old Indigenous boy Cleveland Dodd in a detention facility, announced that his death resulted from deep-rooted and long-term failures within the justice system and that the youth detention unit where he was held must be shut down.

According to Australian media reports, Cleveland was found unconscious on the morning of October 12, 2023, in a cell at Unit 18 of Casuarina adult prison in southern Perth. He was transferred to hospital in critical condition and died about a week later, becoming the first juvenile to die in custody in Western Australia.

The coroner ordered the immediate closure of the unit and called for a special investigation—beyond the usual powers of the coroner’s court—into how the facility was established.

Phil Urquhart, the coroner in charge of the case, stated that prolonged solitary confinement, isolation, extreme boredom, eating alone, and lack of access to hygiene, education, and running water were routine for Cleveland and other detained youths.

He stressed that there were grave deficiencies in how young detainees were treated, noting that Cleveland’s death was not caused by individual human error, but by serious and systemic failures that have existed for years.

According to the coroner, the treatment of 16-year-old Cleveland—who died a week after self-harm in his cell—was inhumane and reminiscent of 19th-century prisons. Findings showed that he was excessively isolated in his cell and was not properly monitored.

The damaged cell where Cleveland was held also contained a known structural fault that prison authorities were aware of but had failed to repair. Despite repeated requests for counseling services and threats of self-harm, he was denied access to support.

During the inquest, the court declared that the youth justice system was in crisis at the time of Cleveland’s death. The center—originally meant to be temporary—was compared to a “war zone” and described as inhumane, as staff shortages meant young detainees were sometimes confined to their cells for up to 24 hours a day.

The investigation spans 377 pages and includes adverse findings against eight employees of the Department of Justice.

Staff described the horrific conditions in which young detainees were held and the chaotic operational environment at the prison where Cleveland was detained, with some likening it to a battlefield.

In the 12 days prior to his self-harm, Cleveland spent only one to two hours per day outside his damaged, unfurnished cell.

Adam Tomison, former Director-General of Australia’s Department of Justice, admitted during questioning that Cleveland had been subjected to cruel, inhuman, and degrading treatment.

Investigators found that Cleveland harmed himself at around 1:35 a.m., yet staff did not unlock his cell for more than 15 minutes to assist him, and paramedics arrived another 15 minutes later.

He was partially resuscitated and transferred to hospital, but suffered brain damage due to oxygen deprivation and died one week later.

Cleveland’s mother said she hopes the coroner’s findings will help prevent other children from suffering the same fate and that a new approach to youth justice is urgently needed.

The government of Western Australia—the country’s largest state—had previously claimed that major improvements had been made in youth justice since Cleveland’s death and that a dedicated facility for detainees from Unit 18 would be completed within three years.

Since January 2024, 12 Indigenous people have died in custody in New South Wales alone, while four others have lost their lives during encounters with Australian police—marking the highest number recorded in any single full year.

New South Wales State Coroner Teresa O’Sullivan said every death requires independent investigation and accountability, adding: “These are not just statistics. Each death represents a person whose life mattered, and whose loss is deeply felt by families, loved ones, and communities across the state.”

Paul Silva, whose uncle David Dungay Jr. died following violence by New South Wales prison officers in 2015, said the entrenched over-representation of Indigenous people in Australia’s criminal justice system is a major contributor to these tragic figures. He cited data from the NSW Bureau of Crime Statistics and Research (BOCSAR) showing that the Indigenous prison population has increased by about 20 percent over the past five years.

Indigenous people make up only 3 percent of New South Wales’ population, yet they account for nearly one-third of the state’s prison population—around ten times their share of the general population.

These figures show that Indigenous Australians are far more likely to be brought before courts, convicted, denied bail, and sentenced to prison.

Karlie Warner, CEO of the NSW Aboriginal Legal Service, said harsh policies by the federal and state governments are worsening the crisis and directly contradict their commitments to closing the incarceration gap.

She said that instead of preventing people from entering prison through early intervention, community-based support, and meeting essential needs, the state is using punitive laws and heavy policing to send more Indigenous women, children, and men to prison than ever before.

Warner added that many of the deaths in custody were preventable.

Since the release of a landmark commission report in 1991 aimed at preventing deaths in custody, at least 609 Indigenous Australians have died in detention. The central recommendation of that report was to reduce the number of Indigenous people in prison.