CAT/OP/NZL/1
delegation was informed that 24 more cells of this nature were to be constructed at very
considerable expense. At the time of the visit, one person was being detained in such a cell
for what appeared to be an unspecified and open-ended period of time, for security reasons.
The Subcommittee has grave doubts as to the efficacy of the complaint and appeal
mechanisms surrounding the use of these cells. It considers the use of them for any
prolonged period to amount to ill-treatment and wonders whether their use under any
circumstances can be other than inhuman or degrading. It fails to see the need to construct
further facilities of this nature.
88.
The Subcommittee recommends that:
(a)
The construction of the proposed new management cells at Auckland
maximum security prison be suspended;
(b)
The practice of holding prisoners in prolonged detention in disciplinary
cells on the basis of perceived security risks which they pose cease immediately;
(c)
The right of detainees to an effective appeal process, with suspensive
effect, against the imposition of disciplinary measures, be ensured as a matter of
priority;
(d)
Management cells be kept in a clean and decent state of repair and
cleanliness.
89.
The Subcommittee noted that the interview rooms at Auckland maximum security
prison did not allow for appropriate communication between prisoners and their lawyers.
90.
The Subcommittee recommends that the State party review and remove any
practical impediments to the full exercise of the right to legal counsel of persons
deprived of their liberty.
D.
Institutions for children and adolescents
91.
The Subcommittee is concerned that there is a lack of overall capacity in youth
justice residences. At the time of the visit, the residences were below full capacity, which
allowed them to be used for overnight stays by young persons, who would otherwise have
had to be accommodated at police stations. This is to be commended. However, it is not
always possible and could lead to children being placed in police custody when it would be
in their best interests to remain in youth justice residences.
92.
While fully supporting the policy of only detaining juveniles in custody as a last
resort, the Subcommittee recommends that future forecasts of the numbers of places
to be provided in the residences takes account of this potential need.
93.
The Subcommittee was concerned that there did not appear to be a maximum time
limit that juveniles could be held on remand at a residence.
94.
The Subcommittee noted that none of the residences it visited had specific Maori
literacy programmes. With regard to additional Maori-focused programmes, it noted
appreciatively that one residence was considering assisting young Māoris from distant
geographical regions to maintain social and family bonds, while another had an initiative to
draw on a Maori health-care provider.
95.
The Subcommittee recommends that the State party consider developing
specific Maori literacy programmes in youth justice residences, in addition to the
mandatory general curriculum.
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