CAT/C/NZL/CO/6
parties. The Committee further notes that the Prisoners’ and Victims’ Claims (Continuation
and Reform) Amendment Act 2013 restricts the circumstances in which the courts are able
to award compensation to prisoners victim of acts that amount to torture and ill-treatment.
Recalling its general comment No. 3 (2012), the Committee recommends that the State
party amend those provisions of the Prisoners’ and Victims' Claims (Continuation
and Reform) Amendment Act 2013 that might be inconsistent with the aim of the
Convention. The State party should establish the legislative and structural framework
necessary for ensuring that all victims of torture receive redress, including medical
and psychological assistance, full compensation and the means for full rehabilitation.
Withdrawal of reservation to article 14
20.
While noting the explanations provided by the delegation, the Committee is
concerned that the State party has maintained its reservation to article 14 of the Convention,
leaving at the discretion of the Attorney-General of New Zealand the right to award
compensation to victims of torture, which is incompatible with the letter and spirit of the
Convention, as well as with the State party’s obligation to ensure the rights of victims of
torture to fair and adequate compensation, including the means for as full a rehabilitation as
possible (art. 14).
The Committee reiterates its previous recommendation (see CAT/C/NZL/CO/5,
para. 14) and urges the State party to consider withdrawing its reservation to that
article and ensure the provision of fair and adequate compensation through its civil
jurisdiction to all victims of torture.
Follow-up procedure
21.
The Committee requests the State party to provide, by 15 May 2016, follow-up
information in response to the Committee’s recommendations contained in paragraph 9,
concerning the national preventive mechanisms, paragraph 10, on the Independent Police
Conduct Authority, and paragraph 15, on solitary confinement and seclusion in mental
health facilities.
Other issues
22.
The Committee invites the State party to become a party to the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families and the International Convention for the Protection of All Persons from Enforced
Disappearance.
23.
The State party is requested to disseminate widely the report submitted to the
Committee and the present concluding observations, in all appropriate languages, through
official websites, the media and non-governmental organizations.
24.
The State party is invited to submit its next report, which will be its seventh periodic
report, by 15 May 2019. For that purpose, the Committee will, in due course, transmit to the
State party a list of issues prior to reporting, considering that the State party has accepted to
report to the Committee under the optional reporting procedure.
8