2016 marks the 10th anniversary of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). This is a significant milestone. OPCAT is an innovative and proactive system. It establishes monitoring mechanisms to regularly inspect places of detention, to improve treatment and conditions, and prevent torture and ill treatment, rather than dealing with ill treatment after it has occurred.
This report identifies a number of serious issues within New Zealand detention facilities. These include high levels of unreported prisoner-on-prisoner assaults within prisons, locking of doors in mental health units that house voluntary patients and the lack of responsiveness to mokopuna Maori within CYFS residences. These matters, and the other issues outlined in the individual sections that make up this combined monitoring report, require urgent attention.
The Crimes of Torture Act (COTA) gives effect to New Zealand’s international obligations under OPCAT. COTA provides for the designation of a Central National Preventative Mechanism (CNPM) and National Preventive Mechanisms (NPMs). The Human Rights Commission is designated as the Central National Preventive Mechanism responsible for coordinating NPM activities and liaising with the United Nations Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT). The Independent Policy Conduct Authority, The Office of the ChildrenÔs Commissioner, The Office of the Ombudsman, and the Inspector of Penal Service Establishments are designated as NPMs. They have specific statutory duties and functions including the monitoring of detention facilities around the country. The role of the NPMs is to examine, at regular intervals, the conditions of detention and treatment of detainees, and make recommendations for improvement.
The NPMs and CNPM play a key role in protecting the human rights of individuals who are deprived of their liberty. These individuals include prisoners, children detained under youth justice or care and protection legislation, and mental health patients held in hospital inpatient units. These are some of New Zealand’s most marginalised and vulnerable people and their circumstances are often "invisible" to the wider community.
This report summarizes the activities of the NPMs and the CNPM during the period 1 July 2015 to 30 June 2016. This was a particularly busy period and there have been some exciting developments. Increased resources for the Office of the Ombudsman have allowed the monitoring team to be expanded and a new team member with a clinical background has been recruited. Additionally, both the Office of the Ombudsman and the Human Rights Commission were successful in obtaining funding from the Office of the United Nations High Commissioner for Human Rights under the OPCAT Special Fund to progress projects aimed at implementing recommendations from the SPT visit to New Zealand in 2013. The Office of the Ombudsman will be piloting the inclusion of consumer representatives in monitoring visits and the Human Rights Commission is undertaking a major project looking at seclusion and restraint practices in facilities across all detention contexts.
We welcomed two new chairs to the NPMs. Judge Peter Boshier began his term as Chief Ombudsman on 10 December 2015, replacing Dame Beverley Wakem. We thank her for the work she has done towards the ongoing success of the NPMs. In July 2016, we welcomed Judge Andrew Becroft as Children’s Commissioner, replacing Dr Russell Wills. We thank Dr Wills for his work particularly for being a strong voice for children who are detained.
2017 will mark the tenth anniversary of New Zealand’s ratification of the OPCAT and ten years since the NPMs and CNPM commenced their monitoring activities. This will provide a timely opportunity to reflect on the changes that have taken place and also to highlight the challenges that still lie ahead. There are significant areas of concern.
Places of detention were often in the media, both in New Zealand and internationally, for problems such as fight clubs, prisoner assaults, and the use of restraints on youth at a children’s detention centre. The NPMs will continue to monitor international developments and assess how monitoring and inspections can be improved to ensure unreported and underlying issues are identified and remedied.
Māori are disproportionally detained in all detention contexts. It is clear to all agencies involved in the OPCAT monitoring activities that there are complex issues underpinning this disproportionate detention rate and this issue needs urgent attention.
Mental health and disability in detention continues to be a concern. Sixty to seventy percent of people in prison have either a learning disability or a mental illness. Overall there is a higher prevalence of mental health issues among people in detention compared to the general population. New Zealand also has a history of under-provision of care to this patient group, resulting in suboptimal care, injury or self-harm while in detention and, in some cases, suicides in detention. Furthermore, the NPMs have increasing concerns about the overlap between those with both mental health issues and intellectual disability.
The NPMs will continue to raise these and other issues, and will continue to monitor the situation of those who are deprived of their liberty and are often marginalised and vulnerable.