APPENDIX 1:
Recommendations
A. Visits by International Monitoring Bodies
1.
The Commission recommends that the Committee urge the Government to commit to
implementing the SPT recommendations over the next reporting period (subject to
one clarification set out at section 2 of the NPM submission).
B. Domestic Implementation of Human Rights Obligations
2.
It is recommended that the Government commit to reviewing all legislation relating to
detainees within the next reporting period to ensure that it fully complies with New
Zealand’s international obligations.
3.
The Commission recommends that the Committee urge the Government to:
reconsider the legislative limits which continue to deny victims of torture and
other cruel, inhuman or degrading treatment an effective remedy; and
in light of BORA commit to taking the required steps to withdraw its
reservation to article 14 over the next reporting period.
4.
The Commission recommends that the Government commit to reviewing the use of
reverse onus of proof to ensure that the right to be presumed innocent is fully
protected.
5.
The Commission recommends that the Government commit to amending its process
to better protect human rights in legislative development by:
ensuring that section 7 reports are prepared, tabled in Parliament and referred
to select committee where a Bill appears to be inconsistent with BORA. In
other words where there is a prima facie inconsistency; and
establishing a mechanism for Parliament to periodically review the continued
validity of any justified limitation.
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