Human Rights and Prisons - Rethinking Crime and Punishment

In response to such criticisms, the Department of Corrections points out that
double-bunking has been used in New Zealand for around 140 years, and
that in New Zealand, there are no indications to date of increased incidents
resulting from double-bunking (Department of Corrections, 2011). The
Department advises that analysis of incidents in prisons over the period
November 2009 to March 2011, when double-bunking was increased,
indicates that the rate of incidents remained stable, and in some units slightly
decreased (ibid.).
In a bid to mitigate the risks associated with cell sharing, the Department has
developed a Shared Accommodation Cell Risk Assessment (SACRA)
process.
Impacts of Increased Prisoner Numbers
Increasing prisoner numbers – and the related issues of increased lock-down
periods, staff shortages, limited spending per prisoner 4 and stretched facilities
– means that the ability to meet even minimum human rights standards is
more likely to be undermined (see National Health Committee, 2008; Office of
the Auditor-General, 2008; Ombudsmen‟s Office, 2005, 2007; Roberts and
Cobb, 2008; Taylor, Anthony, 2008). For example:
The right to employment and the right to education can be downgraded
as lockdown periods mean that activities are compressed into a shorter
„working day‟;
The right to health is relegated as growing numbers of prisoners
requiring professional forensic care are made to wait in prisons (with
custody-focused rather than therapy-focused staff) until they can
access the services they need. Prisoners may struggle to access
drug/alcohol programmes or general health care in a timely manner;
and prisons may be faced with increases in communicable diseases or
sanitation problems;
The right to access exercise, sports, cultural or religious activities, vital
components of relieving stress and maintaining good health and order
in the prisons, can be weakened;
The right to access others is constrained as programme hours are cut
back (as staff are required to work elsewhere or because of lockdown
requirements), and visits from counsellors, support persons or
volunteers are reduced. In these circumstances, rehabilitative
strategies are undermined;
The right to family/whānau is challenged for all sorts of reasons:
prisoners find that they cannot have ready access to telephones
because there are too many others fighting for the line; family/whānau
4 The Department of Corrections (2008:3) is currently funded to deliver services to just an
„adequate‟ standard, rather than one of „best practice‟.
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