CAT/OP/NZL/1
for continued detention. The Subcommittee welcomes the fact that in most police stations it
visited, bail was swiftly granted by police officers, when appropriate, avoiding excessive
use of police custody. However, it noted that those remanded in custody and those awaiting
sentencing could spend lengthy periods in remand prisons and that the periods involved
appeared to be getting longer. For example, the Subcommittee documented one case at
Mount Eden prison in which a prisoner held on remand for 556 days was subsequently
sentenced to 3 years imprisonment. Since the period spent on remand was deducted from
the sentence, the detainee had de facto spent virtually his entire sentence on remand,
although he would not have been eligible for release as he would not have been able to
undertake the mandatory programmes, which are only open to sentenced prisoners. The
Subcommittee is concerned that detention on remand is not used only as a measure of last
resort and is often unduly prolonged, a situation exacerbated by the conditions of detention
(see paragraphs 25 and 91-101). The Subcommittee also notes with concern that there
appear to be increasing delays within the Court system which also need to be addressed.
32.
The Subcommittee recommends that the State party take appropriate
administrative and legislative measures to ensure (a) that pretrial detention is used as
the last resort, that is when necessary to prevent the commission of further offences or
to ensure the integrity of the trial process; and (b) that the period of pretrial detention
is not excessively prolonged.
High rates of incarceration and reoffending
33.
The Subcommittee notes that the authorities have indicated that there is a significant
decline in the overall numbers of recorded offences and prosecutions. It is, however,
concerned that this has not led to a reduction in the prison population, which suggests there
may be an overuse of custodial sentences. Moreover, given that reoffenders constitute the
largest proportion of the prison population, more needs to be done if the ambitious
governmental plan to reduce reoffending by 25 per cent by 2017 is to be achieved. The
Subcommittee believes that this must include a greater focus on programmes of social
reintegration and more active involvement with the Maori community, including
strengthening indigenous initiatives and developing community-based Maori programmes
specific to the Maori community which are focused on the prevention of reoffending.
34.
The Subcommittee recommends that the State party investigate the reasons for
the current high incarceration rates and explore the possibility of expanding the use of
non-custodial measures. It also recommends that greater emphasis be placed on
reintegration programmes, as indicated in paragraph 33 above.
Safety and security
35.
The Subcommittee heard that as a result of a recent increase in assaults on prison
staff, the Corrections Department had introduced a “zero-tolerance approach”. The
Subcommittee believes that any such zero-tolerance policy should extend to anyone
responsible for assault within prisons and not only be focused on staff safety. It wonders
whether the increasingly strict prison regime, including a lack of employment opportunities,
lost parole and long hours of lock-down, may have a bearing on increased levels of
violence. The Subcommittee itself heard prisoners’ concerns regarding a perceived lack of
transparency concerning decisions on security classification and their frustration regarding
recent policy changes concerning televisions and smoking, which had not been well
explained. Better communication between prison management and detainees might
contribute to lessening hostility and improving relations.
36.
The Subcommittee recommends that the State party explore the causes of
increased prison violence and that its response take account of the safety of both staff
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents