CAT/OP/NZL/1
Youth in prisons
26.
The classification system, combined with limited space and limited staff numbers,
undermines the full implementation of juvenile justice standards. During its visit to Mount
Eden prison, the Subcommittee discovered with great concern that youth pretrial detainees
were de facto penalized by the system, despite their vulnerability, since they were subject to
19-hour lock-downs, whereas convicted and sentenced adult prisoners in other wings of the
same prison were subject to a more favourable regime. The lock-downs were the result of
youth and adult prisoners occupying the same wing. The Subcommittee believes that there
is no justifiable reason why there should not be a dedicated youth unit at Mount Eden
prison, which could offer a significantly more favourable and more appropriate regime.
Impact of the classification system on parole
27.
The Subcommittee learned that it is necessary to complete a number of training and
rehabilitation programmes before parole can be granted. However, it noted with concern
that there was a shortage of places on such programmes, especially in women’s prisons.
The practical difficulties of managing prisoners’ movements in accordance with the
classification system had the effect of impeding the attendance of some detainees at such
courses and thus prevented them from being released on parole, to which they would
otherwise have been eligible, consequently increasing the length of their imprisonment.
28.
The Subcommittee recommends that the State party:
(a)
Review the current categorization system in order to ensure that it does
not have the practical effect of worsening regime conditions;
(b)
Review the regime conditions of remand prisoners and youth urgently,
in order to ensure that it is appropriate to their legal status and age;
(c)
parole.
Eliminate the barriers that hamper detainees gaining eligibility for
Prolonged detention in police stations
29.
The Subcommittee was particularly concerned with the conditions of detention in
some police stations gazetted as jails, which can hold detainees on remand for up to seven
days. The regime for those remanded in custody was reportedly better than that for arrested
persons in terms of, for instance, visiting time, access to showers and books, and the
Subcommittee noted the efforts taken to reduce the time spent in police custody to the
minimum possible. Nevertheless, it was concerned at the inadequacy of such facilities (see
also paragraphs 68 and 69 below).
30.
The Subcommittee recommends that the State party:
(a)
Consider alternatives to the use of the police stations gazetted as jails
until they are renovated;
(b)
Prioritize police stations gazetted as jails in infrastructure renovation
programmes;
(c)
Ensure that there are appropriate means of segregating detainees when
new facilities are built or existing facilities renovated.
Trial within a reasonable period of time
31.
Section 23 of the Bill of Rights Act guarantees the right of those arrested to be
charged promptly or released. Furthermore, section 24 provides that those charged shall
have the right to be released on reasonable terms and conditions unless there is just cause
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