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 8

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