CAT/C/NZL/CO/6
The State party should:
(a)
Use solitary confinement and seclusion as measures of last resort, for as
short a time as possible, under strict supervision and with the possibility of judicial
review;
(b)
Prohibit the solitary confinement and seclusion of juveniles, persons with
intellectual or psychosocial disabilities, pregnant women, women with infants and
breastfeeding mothers, in prison and in all health-care institutions, both public and
private;
(c)
Conduct prompt, impartial and thorough investigations into all
allegations of ill-treatment in prisons and health-care institutions, both public and
private; prosecute persons suspected of ill-treatment and, if they are found guilty,
ensure that they are punished according to the gravity of their acts; and provide
effective remedies and redress to the victims;
(d)
Compile and regularly publish comprehensive and disaggregated data
on solitary confinement and seclusion.
Juvenile justice
16.
Bearing in mind its previous concluding observations (see CAT/C/NZL/CO/5,
para. 8), the Committee remains concerned at the gaps in the protection of juveniles in the
State party’s criminal justice system (arts. 11 and 16).
The State party should take the measures necessary to ensure the proper functioning
of the justice system in compliance with international standards. In particular, the
State party should:
(a)
Ensure full implementation of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice and the United Nations Guidelines for
the Prevention of Juvenile Delinquency;
(b)
Ensure that juvenile detainees and prisoners under 18 are held
separately from adults, in line with rules 13.4 and 26.3 of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice and rules 17, 28 and 29 of
the United Nations Rules for the Protection of Juveniles Deprived of their Liberty;
(c)
Resort to alternatives to incarceration, taking into account the provisions
of the United Nations Standard Minimum Rules for Non-custodial Measures and the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice.
Use of electrical-discharge weapons (tasers)
17.
While welcoming the establishment of the Police and Community Tactical Options
Reference Group to liaise on issues relating to the use of force by the police and noting the
information provided by the delegation that the use of electrical-discharge weapons is
tightly regulated and controlled in each jurisdiction and is subjected to oversight and
scrutiny processes, the Committee is concerned at reports of cases of inappropriate or
excessive use of such weapons (arts. 2, 12-14 and 16).
The State party should ensure that electrical-discharge weapons are used exclusively
in extreme and limited situations, where there is a real and immediate threat to life or
risk of serious injury, as a substitute for lethal weapons and by trained law
enforcement personnel only. The State party should revise the regulations governing
the use of such weapons with a view to establishing a high threshold for their use and
expressly prohibit their use on children and pregnant women. The Committee is of the
view that electrical-discharge weapons should not form part of the equipment of
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