New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
Detention of Asylum seekers
17.
The Commission recommends that the Government commits to ensuring that:
asylum seekers detained in correctional facilities are separated from other
prisoners;
asylum seekers are not subject to criminal standards of detention; and
prison staff are appropriately trained in relation to standards of detention for
asylum seekers, the identification of the symptoms of trauma and human
rights.
18.
The Commission recommends that the Government review the Immigration
Amendment Act 2013 to ensure that:
where detention is deemed to be a necessity, a maximum 30 day time limit
should be adhered to, so that all asylum seekers are moved into the community
once health, character and identity checks are complete; and
adequate review mechanisms are available to those detained as part of a ‘mass
group’ which consider individual circumstances to avoid delay, discrimination
and unnecessary detention.
Over-representation of Maori in the criminal justice system
19.
It is recommended that the Government commit to addressing the overrepresentation
on Māori in the criminal justice system by both:
drawing on the approach of the Police and iwi in Turning the Tides to develop
partnerships with iwi across other areas of the criminal justice system; and
stepping up its efforts to address the root causes which lead to disproportionate
incarceration rates of Māori.
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