Independent police conduct authority
(12) In spite of the assurances given by the State party, the Committee remains concerned that the impartiality of
the Independent Police Conduct Authority might be hampered by the inclusion of both current and former police
officers regarding impartial and effective investigations into alleged acts of torture and ill-treatment by members of
the police, in accordance with the provisions of the Convention (art. 12).
The State party should further strengthen the independence of the Independent Police Conduct
Authority which should be staffed with independent experts drawn from outside the Police.
(13) The Committee is concerned that the Independent Police Conduct Authority may decide not to take action on
complaints, including on grounds of torture or ill-treatment, in circumstances where the complainant has had
knowledge of the matters under complaint for more than 12 months before the complaint was made (art. 12).
The State party should take all necessary legal and procedural measures to ensure that the crime of
torture is not subject to the twelve months limitation, that allegations on grounds of torture are
promptly and impartially investigated, alleged perpetrators duly prosecuted and punished if found
guilty, and victims adequately compensated.
Withdrawal of reservation to article 14
(14) The Committee is concerned that the State party has maintained its reservation to article 14 of the
Convention, which is incompatible with the letter and spirit of the Convention, as well as with its obligation to
ensure the rights of victims of torture to a fair and adequate compensation including the means for as full
rehabilitation as possible. The Committee is also concerned that the Prisoners and Victims Claims Act 2005 limits
the award and payment of compensation to prisoners (art. 14).
The State party should consider withdrawing its reservation to article 14 of the Convention and ensure
the provision of fair and adequate compensation through its civil jurisdiction to all victims of torture.
Use of statements obtained as a result of torture
(15)
The Committee notes that the Evidence Act 2006 provides that if the defence raises in proceedings an issue
as to whether a statement made by the defendant has been influenced by oppression, the Judge must exclude that
statement unless the prosecution can prove beyond reasonable doubt that the statement was not influenced by
“oppression”. Furthermore, if evidence is obtained improperly, the admissibility of the statement is weighed against
factors enumerated in the Act. The Committee is concerned that the Act does not fully incorporate article 15 of the
Convention whereby the State party should ensure that any statement which is established to have been made as a
result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made (art. 15).
The State party should bring the existing legislation concerning evidence to be adduced in judicial
proceedings into line with the provisions of article 15 of the Convention so as to exclude explicitly any
evidence obtained as a result of torture.
Use of taser weapons
(16) While taking note of the assurances by the State party whereby tasers are only to be used by trained and
certified staff and only when the officer has an honest belief that the subject is capable of carrying out the threat
posed and that the use of the taser is warranted, the Committee is deeply concerned about the introduction of these
weapons in the New Zealand police. The Committee is concerned that the use of these weapons causes severe pain
constituting a form of torture, and that in some cases it may even cause death. In addition, the Committee is
concerned at reports whereby during the trial period tasers were predominantly used on Maoris and youths (arts. 2
and 16).
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