• A small but persistent number of ‘chronic’ cases where solitary confinement
and restraint were used for prolonged time
• The placement in solitary confinement of people belonging to vulnerable
groups
• Impoverished physical environments for people who are secluded, segregated
or isolated
• Indications that seclusion and restraint are not always used as options of
last resort
• Concerns regarding the record keeping associated with seclusion and restraint
in various settings
• Limited access to basic provisions
• Limited access to confidential complaint mechanisms
Overview
Dr Shalevs’ report is focussed on facilities that are subject to monitoring under
the Optional Protocol to the Convention Against Torture (“OPCAT”). The Crimes
of Torture Act 1989 designates four organisations as “National Preventive
Mechanisms” or “NPMs” responsible for OPCAT monitoring. These agencies
are the Office of the Ombudsman, the Office of the Children’s Commissioner,
the Independent Police Conduct Authority and the Inspector of Service Penal
Establishments.iii The New Zealand Human Rights Commission is designated
as the Central National Preventive Mechanism (or “CNPM”). As CNPM the
Commission acts as a coordinator for the joint activities of the NPMs and is
responsible for liaison with the Subcommittee on the Prevention of Torture.
The facilities that the NPMs are responsible for monitoring include prisons,
health and disability units, police cells, Child, Youth and Family care and
protection units and youth justice residences. There are other environments
in which forms of seclusion or restraint or similar practices can occur such as
schools or rest homes. Dr. Shalev’s report is confined to those environments
currently covered by the OPCAT framework and does not consider seclusion or
restraint in other situations.
Background
Funding for this report was obtained by the Human Rights Commission from the
United Nations Office of the High Commissioner for Human Rights (“OHCHR”)
through the UN Subcommittee on the Prevention of Torture Special Fund.
iii
4
https://www.hrc.co.nz/your-rights/human-rights/our-work/opcat/