CAT/OP/NZL/1
can be read easily. The Subcommittee also recommends that “admission information”
be displayed inside prisons to young persons so that they may be aware of their rights,
and entitlements, as well as the organization and daily management of the prison units.
Complaint mechanisms
44.
The Subcommittee is concerned that it was unable to determine easily the current
status of particular complaints lodged by prisoners against prison staff. While prisons and
police stations operate an integrated offender management system, which shows that
complaints are consistently forwarded to prison managers for them to consider, the outcome
of that consideration was not clear in a number of the cases which the Subcommittee
examined in detail. That suggests that not all complaints are being considered promptly or
properly. The Subcommittee is also concerned that no proper distinction is made between a
request and a complaint, both being submitted on the same form and processed in the same
way, and that the forms are not treated confidentially. As a result, simple requests are not
dealt with quickly and serious complaints can be trivialized.
45.
The Subcommittee recommends that the State party improve the complaints
and appeals system by differentiating between requests and complaints and treating
them confidentially. Unless it is manifestly frivolous or groundless, every request or
complaint should be considered and responded to promptly. 7 The State party should
also ensure that records of requests or complaints, including their outcomes, should be
available to monitoring bodies.
Registers
46.
While commending the State party for the use of an integrated offender management
system, the Subcommittee observed that some staff in both police stations and prisons did
not seem confident when using it and were unable to retrieve data from the system. The
Subcommittee is concerned that this lack of skills to operate the system effectively might
affect the data entry and record-keeping of prisoners’ information.
47.
The Subcommittee recommends that the State party conduct regular training
sessions to ensure that law enforcement personnel can use the integrated offender
management system confidently and effectively.
48.
While record-keeping regarding property was impressive in some prisons,
particularly at Auckland maximum security prison, there were some significant
irregularities in registries at police stations (see also paras. 74 and 75 below). The
Subcommittee also noted inconsistencies in the practices concerning medical recordkeeping and was concerned at the lack of clarity on the rules relating to confidentiality.
Moreover, it observed in several police stations that the risk assessment form (health and
safety management plan for persons in custody) was incomplete, which is of particular
concern, given the large number of persons with mental health issues in detention.
49.
The Subcommittee recommends that the State party ensure that the quality of
its record-keeping is improved, particularly in police stations. It also recommends that
immediate measures be taken to ensure the confidentiality of medical information and
that health and safety management plans for persons in custody are properly
completed and filed.
7
Rule 36 (4) of the Standard Minimum Rules for the Treatment of Prisoners.
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