New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
ensure that Police Medical Officers (PMOs) are aware of:
a) the requirement for a full and written assessment for any prisoner
deemed to be ‘in need of care’; and
b)
the requirement for Police to call an ambulance for dangerously
intoxicated prisoners, or transport them to hospital.
189.
The Commission urges the Government to commit to a timeframe for
implementing these recommendations.
Treatment of people with intellectual or learning disabilities
190.
The WGAD heard testimonies that people with intellectual or learning disabilities are
at a particular disadvantage in the criminal justice system. Police officers, lawyers and
officials are inadequately trained in relation to intellectual and learning disabilities.
This has meant that in some cases, an individual may be questioned by the police
without the presence of a lawyer, and is subsequently convicted and sentenced
without or with inadequate legal representation.
191.
The Commission urges the Committee to remind the Government of its
obligation under Article 13 of the Convention on the Rights of Persons with
Disabilities to afford access to justice on an equal basis and to develop a set of
actions designed to ensure there is equal access to justice for persons with
Disabilities is New Zealand.
Detention under the Mental Health (Compulsory Assessment and Treatment) Act 1992
192.
The number of people subject to both community and inpatient compulsory treatment
is growing both absolutely and as a proportion of the population. Of particular
concern is that New Zealand’s use of community treatment orders is amongst the
highest in the world.102 In 2013 Māori were 2.9 times more likely to be under a
community treatment order than non-Māori.103
102
O’Brien AJ. Community treatment orders in New Zealand: regional variability and international
comparisons, Australas Psychiatry (2014).
103
Supra note 90.
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