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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7. Treatment<br />
7.1 Torture <strong>and</strong> Ill-Treatment<br />
Law <strong>and</strong> policy framework<br />
The Corrections Act states that the purposes of the corrections system include<br />
that sentences are administered in a „safe, secure, humane <strong>and</strong> effective<br />
manner‟ (s5(1)(a)) <strong>and</strong> refers to the UN St<strong>and</strong>ard Minimum Rules as part of<br />
the basis of correctional facilities (s5(1)(b)).<br />
The Act also states that the corrections system must ensure the fair treatment<br />
of prisoners (s6(1)(g)) <strong>and</strong> that „sentences <strong>and</strong> orders must not be<br />
administered more restrictively than is reasonably necessary to ensure the<br />
maintenance of the law <strong>and</strong> the safety of the public, corrections staff, <strong>and</strong><br />
persons under control or supervision‟ (ibid). The role of prison managers <strong>and</strong><br />
officers includes „ensuring the safe custody <strong>and</strong> welfare of prisoners received<br />
in the prison‟ (s12(b), 14(1)(a)).<br />
The New Zeal<strong>and</strong> Bill of <strong>Rights</strong> Act (s9) establishes that „Everyone has the<br />
right not to be subject to torture, or to cruel, degrading, or disproportionately<br />
severe treatment or punishment‟. This asserts New Zeal<strong>and</strong>‟s international<br />
obligations with regards to the UN Convention against Torture. The NZBORA<br />
also states (s23(5)) that „Everyone deprived of liberty shall be treated with<br />
humanity <strong>and</strong> with respect for the inherent dignity of the person‟.<br />
Issues<br />
Following on from the violations through the Behaviour Management Regime<br />
<strong>and</strong> the Canterbury Emergency Response Unit, the Corrections Department<br />
<strong>and</strong> staff have been noted to „have moved on‟ from such institutional illtreatment<br />
of prisoners <strong>and</strong> inappropriate staff conduct (Ombudsmen‟s Office,<br />
2005:4).<br />
Currently, prosecutions of alleged acts of torture can be undermined by the<br />
„public interest‟ discretion of the Attorney-General <strong>and</strong> police. The UN<br />
Committee Against Torture (2009) has recommended that where there is<br />
reasonable ground to believe that torture has been committed, investigations<br />
should commence immediately.<br />
7.2 Use of Force, Weapons or Restraints<br />
Law <strong>and</strong> policy framework<br />
The Corrections Act (ss83-88) regulates the use of force, weapons <strong>and</strong><br />
restraints. The use of force by prison officers is prohibited except where there<br />
are reasonable grounds to believe that it is necessary for: self defence,<br />
protection from injury, in an escape, prevention of damage to property, or<br />
where there is active or passive resistance to a lawful order (s83(1)).<br />
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