CAT/OP/NZL/1
69.
The Subcommittee recommends that appropriate steps be taken to remedy
inadequacies in police stations and cells, including insufficient ventilation, dampness
and inadequate sanitary facilities, with priority given to those gazetted as jails.
Furthermore, consideration should be given to enabling or improving natural lighting
and heating and ventilation systems. The Subcommittee also recommends that cells
continue to be kept clean and that all graffiti be regularly removed.
70.
The Subcommittee noted with concern the lack of privacy in most cells in the
majority of police stations it visited, whether old or newly constructed. Although all cells
had partitions, these were often so slight as to provide no real privacy at all. In some cases,
toilet pans had been added to cells at a later stage, were usually located directly opposite the
cell door and could be seen through the door windows. Toilets located in a corner of the
cells still had a peephole in the walls enabling a full view from the corridor. In facilities
with closed-circuit television surveillance in the cells, the Subcommittee also noted the lack
of privacy, as toilets were in full view of the camera. With regard to privacy in the showers,
the Subcommittee noted cases where persons using them were fully visible either from the
corridor (for example, the women’s showers at Wellington central police hub) or, in one
case, by other prisoners from the day room to which the shower was adjacent (Nelson
police station). The use of closed-circuit television inside some cells also infringed privacy
during the carrying out of body searches and, in one instance observed by the
Subcommittee, even though the cell blinds had been lowered so that the search could be
conducted in private, the search was still monitored on the closed-circuit television screens,
including by officers of the opposite sex. There was also a lack of privacy in some rooms
used by legal counsel to interview detainees and the Subcommittee noted that the noise
generated by the use of the telephones within interview rooms impeded the privacy of
conversations and made it necessary to resort to shouting.
71.
The Subcommittee recommends, as a matter of urgency, that national
standards be developed for custodial cells. Noting the need to balance the right to
privacy with security and safety needs, the Subcommittee recommends that efforts be
made to block the peepholes or add blinds in all non-at-risk cells, in order to better
protect the privacy of individuals when using toilets and showers. In this respect, the
Subcommittee recommends that where closed-circuit television cameras are used, they
must not cover the toilet area. When carrying out strip searches and monitoring
detainees at risk, who require constant surveillance through closed-circuit television,
the Subcommittee recommends that monitors be placed out of public view in the
custody suite.
72.
The Subcommittee also noted a diversity of practice in police stations regarding the
manner in which detainees were informed of their rights. Written information was generally
lacking, except for some posters setting out the rights of persons detained by the police and
about the Independent Police Complaints Authority, displayed on the walls in the
processing area in a minority of the police stations visited. During the course of its
interviews, the Subcommittee heard from some detainees that they had not had their rights
explained to them at all during the initial stages of their detention.
73.
The Subcommittee recommends that notices in appropriate languages, setting
out the fundamental rights of persons arrested and/or detained be placed
systematically in police stations in places where they can be easily seen and read.
74.
The Subcommittee noticed some irregularities in the manner in which the records of
prisoners’ property were kept. These included incomplete forms, which were neither signed
nor dated and which did not properly record the receipt and return of the property
concerned. The Subcommittee also found some cases in which records were kept in paper
copy only and in files containing a wide range of information, including medical risk
assessments, while in other cases such records were in electronic form and attached to the
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