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Marlon James Noble v Australia

Author / Contributor: Kris Gledhill
$15.36
Marlon James Noble v Australia
   
Issue: Whether the Mentally Impaired Defendants Act 1996 (Western Australia), which allowed detention in prison of a person found unfit to stand trial if other options were inadequate to deal with the risk posed by the person, breached Arts 5, 12, 13 and 14 Convention on the Rights of Persons with Disabilities 2006; whether conditional release provisions breached Art 14; whether the indeterminate nature of the order for detention and violence suffered in detention breached Art 15; whether the CRPD Committee had jurisdiction ratione temporis, whether domestic remedies had been exhausted and whether a complaint was theoretical; the propriety of fitness to plead laws.
   
Court: Committee on the Rights of Persons with Disabilities;
   
Reference:   CRPD/C/16/D/7/2012
   
Neutral Citation:  
   
Judge(s): Mohammed Al-Tarawneh, Danlami Umaru Basharu, Monthian Buntan, María Soledad Cisternas Reyes, Theresia Degener, Diane Kingston, Stig Langvad, László Gábor Lovászy, Martin Babu Mwesigwa, Carlos Alberto Parra Dussan, Safak Pavey, Ana Peláez Narváez, Coomaravel Pyaneandee, Silvia Judith Quan-Chang, Jonas Ruskus, Damjan Tatic and You Liang.
   
Date: 10 October 2016