Human Rights and Prisons - Rethinking Crime and Punishment
Human Rights and Prisons - Rethinking Crime and Punishment
Human Rights and Prisons - Rethinking Crime and Punishment
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staff conduct <strong>and</strong> attitude (370), prisoner discipline <strong>and</strong> misconduct (337),<br />
prisoner telephone calls <strong>and</strong> written communications (322), prisoner health<br />
services (266), s22 14 (259), prison conditions (226), personal <strong>and</strong> official<br />
visitors (174), security classifications (160) <strong>and</strong> access to information (165).<br />
In the same year, it appears that some prisons were the source of more<br />
complaints than others: with Spring Hill (567), Rimutaka (491), Auckl<strong>and</strong><br />
(396), Christchurch (396), Hawkes Bay Regional (389), Auckl<strong>and</strong> Regional<br />
Women‟s (254), Waikeria (348), Mt Eden (261), Auckl<strong>and</strong> Central Rem<strong>and</strong><br />
(272), Tongariro/Rangipo (219), <strong>and</strong> Otago Correctional Facilitiy (181) being<br />
the source of most complaints. Why this has occurred is unclear.<br />
Most prisoner contacts to the Ombudsmen‟s Office are resolved by providing<br />
advice, explanations or information to the prisoner over the phone. In 2009,<br />
almost two thirds of the complaints made by <strong>and</strong> on behalf of prisoners were<br />
resolved through the provision of advice or explanation (Ombudsmen‟s Office<br />
2009:102). The Office will not usually take up a complaint unless the prisoner<br />
has first pursued an internal remedy; around 20% of complaints in 2009 were<br />
returned to the Department for reconsideration. Following this, complaints will<br />
generally be resolved through informal intervention with the prison concerned.<br />
Around 10% of complaints in 2009 were resolved in this manner. While the<br />
Office appears to have a good informal relationship with individual prisons, it<br />
has previously been noted that formal inquiries by the Office to Department<br />
headquarters have been met with „considerable delay‟ (Ombudsmen‟s Office,<br />
2005:62). Whether this is still the case is unclear.<br />
The Ombudsmen must be notified of serious incidents, such as assault<br />
allegations or deaths in custody. They monitor investigations of deaths in<br />
custody <strong>and</strong> serious incidents, <strong>and</strong> can conduct their own independent<br />
investigations if they consider this is necessary. As detailed below, the Office<br />
has also been designated as a National Preventive Mechanism for the Torture<br />
Protocol.<br />
In recent years, the Ombudsmen have also taken a valuable role in<br />
investigating, on their own initiative, specific prison issues. These have<br />
related to the criminal justice sector (2007), prisoner transport (2007b), the<br />
detention <strong>and</strong> treatment of prisoners (2005), <strong>and</strong> a current investigation<br />
focuses on health services within the prisons. These commendable reports<br />
have been a crucial element in highlighting rights issues within penal<br />
institutions in New Zeal<strong>and</strong>.<br />
The Role of Other Organisations / Individuals<br />
Both Members of Parliament <strong>and</strong> Justices of the Peace can enter a prison,<br />
examine it <strong>and</strong> the condition / treatment of the prisoners, <strong>and</strong> then inform the<br />
manager of their observations. All observations are to be permanently<br />
recorded.<br />
14 This relates to s22 of the NZ Bill of <strong>Rights</strong> Act that provides that persons should not be<br />
subject to arbitrary detention.<br />
105