Human Rights and Prisons - Rethinking Crime and Punishment

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Executive Summary This literature review examines human rights issues relating to New Zealand prisons, primarily in relation to the period 2004-2010. The period has been one of significant change. The report includes an outline of the legal and regulatory framework; developments in legislation and case law; and discussion of human rights issues and debates raised in international and domestic fora. The review shows that real progress has been made since 2004, with regard to building and maintaining human rights standards in penal institutions. Recent positive steps include: The consolidation of human rights considerations within penal legislation, regulation and policy; The increase in prisoners involved in vocational/accredited industries as well as literacy and educational courses; The expansion of drug and alcohol programmes; The development of Units and Programmes that specifically attend to the diverse needs of prisoners; The forthcoming application of a mental health screening tool; The imminent implementation of the Mothers with Babies legislation; Further assistance for prisoners preparing for release; The increasing access to volunteers and cultural advisors across institutions; The establishment of the Professional Standards Unit within the Department of Corrections; Developments in monitoring and inspection provisions. Rates of Detention The continued growth of the prison population is an overarching challenge. Rising prisoner numbers are a key factor that can undermine many of the advances that have been made. Several pieces of new legislation have made custody all the more probable. Material Conditions Despite efforts to upgrade and develop the prison estate, the growth in the prisoner population has placed significant pressure on facilities and has meant that old, obsolete or inadequate facilities continue to be used. Measures such as double-bunking and increased lock-down hours have the potential to exacerbate the negative effects of poor conditions. Issues concerning the provision of minimum entitlements such as heating, ventilation, lighting, sanitation, food and access to property continue to be raised. While there have been improvements since 2004, material conditions in prisons remain a concern. 6
Treatment and Safety Rates of assaults and unnatural deaths in New Zealand prisons compare favourably with other jurisdictions. Nonetheless, serious assaults, the number of prisoner deaths in custody, as well as the 2010 death of a staff member, have highlighted ongoing issues of managing violence within prisons. There is a need for continuing efforts to ensure the well-being and safety of prisoners and staff. There are concerns about the potential negative effects of double-bunking practices. Double-bunking must be undertaken with great care – particularly in relation to the size of cells that must accommodate two prisoners; decisionmaking processes on the safe placement of prisoners; and availability of rehabilitative initiatives to counter damaging experiences. A number of new restraints and technologies have been introduced since 2004, which should be subject to monitoring with regards to their use and effects. Protection Measures In 2004, legal and policy protections were found to be generally well developed and consistent with international standards. Protection measures are set out in a range of legislative and policy provisions, and cover matters such as induction, registers, disciplinary procedures and complaints. The framework has been further strengthened with the enactment of the Corrections Act 2004 and Corrections Regulations 2005 – including in relation to complaints processes and disciplinary procedures. A range of organisations are able to access prisons and deal with prisoner complaints. The ratification and implementation of the preventive monitoring system under the Optional Protocol to the Convention Against Torture provides further national and international scrutiny of places of detention. However, prisoners‟ access to redress has been curtailed by the enactment of the Prisoners and Victims‟ Claims Act 2005. There is also a continued need for further data on, and specific monitoring of, provisions for diverse groups, particularly young people, older prisoners, women, transgender prisoners, refugees and asylum seekers, prisoners with mental health problems, prisoners who have physical or intellectual disabilities and recently released prisoners. Activities There have been advances in the provision of training and employment in prisons since 2004. There have been improvements in the numbers of prisoners involved in employment activities, vocational training, and literacy or educational courses. There is also an expanded range of Units and focussed Programmes that specifically attend to the diverse needs of prisoners. There 7
Page 2 and 3: Contact the Human Rights Commission
Page 4 and 5: 10. Staff .........................
Page 8 and 9: are concerns about educational prov
Page 10 and 11: 2. The Cultural and Legal Context R
Page 12 and 13: this context, the law is one crucia
Page 14 and 15: Significant New Zealand case law ha
Page 16 and 17: Reconviction and reimprisonment rat
Page 18 and 19: dominance of custody is also assert
Page 20 and 21: On a financial level, this increasi
Page 22 and 23: Zealand „will offer savings of be
Page 24 and 25: In response to such criticisms, the
Page 26 and 27: For instance, overseas studies (Cra
Page 28 and 29: surveillance, control and managemen
Page 30 and 31: 4. Material Conditions Material con
Page 32 and 33: Issues The accommodation for prison
Page 34 and 35: However, it has been used for perio
Page 36 and 37: Health dietician who provides input
Page 38 and 39: 5. Activities Law and policy framew
Page 40 and 41: across the penal estate (and within
Page 42 and 43: Sex Offender Treatment Programme -
Page 44 and 45: That „therapunitive‟ prisons re
Page 46 and 47: The consolidation of programmes tha
Page 48 and 49: Educational Achievement (NCEA); Sec
Page 50 and 51: Ultimately, she argues for the esta
Page 52 and 53: up to five minutes per week (s77(3)
Page 54 and 55: Issues Volunteers can provide a who
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There are concerns about telephone
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The use of temporary release so tha
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Reintegration Unit - currently avai
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6. Health Services Law and policy f
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In reply to such long-lived argumen
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suggests that Corrections staff are
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Applications for the compulsory ass
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when a prisoner‟s mental health d
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Restraints must be compatible with
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used. A rub-down of the person may
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The UN Basic Principles for the Tre
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As noted previously (Section 7.2),
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An inability to cope with the initi
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azor blade policy, under which high
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The Department has also issued a Di
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of young people. The Ministry of Ju
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foster care, multi-systemic therapy
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prisoners were ignored. Such approa
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in a study that exposed the limits
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sexual abuse. However, they also no
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Kaumatua have official standing as
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of detention together with convicte
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9. Protection Measures This section
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9.3 Disciplinary Procedures Law and
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would help to increase prisoner con
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Alongside the Ombudsmen‟s Office,
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and Victims’ Claims Act 2005 that
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10. Staff Law and policy framework
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10.2 Culture Unlike the literature
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eality, the numbers of new staff wi
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Employees should perform their duti
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11. Conclusion This review has show
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Staff-prisoner ratios require impro
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Moreover, New Zealand‟s use of pr
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the Minister of Corrections on a ra
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The Sentencing Amendment Act (No 2)
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12.2 Relevant New Zealand Legal Cas
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eginning of the process was a proce
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to be provoked must be assessed obj
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Distinction Between Prison Discipli
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to protect complainants who allege
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Refusal To Attend A Funeral Can Be
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Treatment Example Of Degrading Trea
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Mandatory Life Imprisonment Without
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Brennan N (2010) „Prison Staff to
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Coyle A and Stern V (2004) „Capti
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Treatment or Punishment, In the Mat
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HM Chief Inspector of Prisons (2009
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Liebling A (2006) „Suicides in Pr
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Ministry of Justice (2007) Conventi
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Ombudsmen‟s Office (2007b) Invest
Page 158 and 159:
Sachdev S (2008) „Private Punishm
Page 160 and 161:
Tolmie J (2007) „Women and the Cr
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