Foreword In 1976 Jean-Jacques Gautier proposed a new and, at the time, radical idea. He proposed an international convention that would establish a system of un-announced visits to places of detention. Gautier’s idea become a reality with the adoption of the United Nations Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2002, and then its entry into force in 2006. OPCAT emphasises cooperation over condemnation, and prevention rather than reaction. New Zealand was an early adopter of OPCAT and ratified it in March 2007. We were the first country to have a multi-body National Preventive Mechanism (NPM), with responsibility for inspecting places of detention. The NPMs are: • the Ombudsman: responsible for prisons, health and disability places of detention, immigration detention facilities, youth justice residences, and care and protection residences • the Independent Police Conduct Authority: responsible for police custody • the Children’s Commissioner: responsible for youth justice and care and protection residences • the Inspector of Service Penal Establishments: responsible for Defence Force penal establishments. • the Human Rights Commission has a coordination role as the Central National Preventive Mechanism (CNPM). The Commission has responsibility for coordinating activities, producing reports, identifying systemic issues and liaising with the United Nations. Together we play a key role in protecting the human dignity and rights of individuals who are 2 deprived of their liberty in New Zealand. These individuals comprise some of the most marginalised and vulnerable in our society; prisoners, people who experience mental health conditions and intellectual disabilities, and children and young people. This report is the 10th report of the National Preventive Mechanisms. It summarises the activities of the NPMs and CNPM during the period 1 July 2016 to 30 June 2017. This report also identifies the areas where we would like to see more progress, including specific changes we want to see within the next five years. These areas are; Mental health Those who are detained are more likely to experience mental health issues, and being detained can exacerbate these conditions; • Nintey one per cent of prisoners have been diagnosed with either a mental health or substance use disorder over their lifetime.1 • Between 40 and 60 per cent of youth who have offended have mental health and/or alcohol or other drug disorders.2 • As at July 2017, every 24 hours Police respond to 90 calls involving a person having a mental health crisis.3 These people can end up detained in police cells due to a lack of other suitable facilities and/or because mental health professionals are not available. Those in prison, youth justice residences, or care and protection residences who have serious mental health conditions should be able to access the treatment and support they require. This may include treatment in an inpatient unit when appropriate. Too often people who are detained do not receive the help they need. Human Rights Commission

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