140. Concerning article 4 of the Convention, members of the Committee requested
clarification as to the role and powers of the Attorney-General with regard to
instituting proceedings for the trial and punishment of a person charged with
torture. They also sought further information on whether any statute of
limitations existed for the pursuit of complaints by the Police Complaints
Authority and the cases dealt with by that Authority.
141. In connection with articles 5 and 7 of the Convention, further information
was sought on the implementation of their provisions, particularly with regard
to the application of the principle of universal jurisdiction.
142. Regarding the implementation of article 6 of the Convention, members
requested clarification on the provisions of sections 315 and 316 (5) of the
Crimes Act of 1961, in particular with respect to the permitted length of
administrative detention and the authority responsible for monitoring activities
conducted by the police in accordance with those provisions. They also asked
whether incommunicado detention existed.
143. Additional information was requested on the implementation of articles 8
and 9 of the Convention and, in particular, how the draft bill on mutual
assistance in criminal matters met with the State party’s obligations under
article 9 of the Convention.
144. In connection with the implementation of article 10 of the Convention,
members referred to the training and educational needs of lawyers, judges,
border police and medical personnel on matters relating to torture. In
addition, the usefulness of publicizing opportunities for the rehabilitation of
torture victims was pointed out. It was also asked whether the Committee could
receive a copy of the Police Regulations 1959 and the Police "Values Statement".
145. Concerning article 11 of the Convention, further information was sought on
the legal grounds for deciding that a person who was mentally disordered should
be held involuntarily in a mental care institution and the procedures available
for reviewing such cases. In this connection, a copy of the Mental Health Bill
was requested. With regard to the placement of children or young persons in
detention, clarification was sought as to the definition of a child, young
person and adult.
146. In respect of article 13 of the Convention, further information was
requested on the complaint mechanisms available to victims of torture by a
public official.
147. With reference to article 14 of the Convention, members of the Committee
requested further information on the compensation and rehabilitation offered to
victims of torture. In this regard, they sought clarification as to the
compatibility of the State party’s reservation to this article with
article 19 (b) of the Vienna Convention on the Law of Treaties. They also
requested clarification on the role of and criteria applied by the Attorney
General in actions relating to the awarding of compensation. In addition, they
wished to know whether civil and criminal actions for compensation could be
brought simultaneously, whether a ceiling had been set on compensation and
whether survivors of torture who had found asylum in New Zealand had the right
to receive medical rehabilitation.
148. Concerning article 15 of the Convention, reference was made to section 20
of the Evidence Act 1908 which gave a judge the discretion to admit a confession
in evidence notwithstanding that a threat had been held out to the person
confessing and it was pointed out that a threat could constitute torture.
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