The fund supports projects designed to assist with the implementation of
recommendations made by the Subcommittee during country visits.
The Subcommittee on the Prevention of Torture visited New Zealand in 2013. In
relation to seclusion and restraint practices, the Subcommittee recommended the
immediate cessation of the practice of holding prisoners in prolonged detention
in disciplinary cells based on perceived security risk and that the protection of
vulnerable detainees should not be achieved at the cost of their own detention
conditions.
Many of the agencies responsible for monitoring New Zealand detention
facilities have had longstanding concerns about the use of seclusion and
restraint in different settings. The issue has also been addressed by the United
Nations Committee against Torture, most recently in concluding observations
made following New Zealand’s 6th periodic review in 2015. The Committee
recommended that New Zealand:
• limit the use of solitary confinement and seclusion as a measure of last resort,
for as short a time as possible, under strict supervision and with the possibility
of judicial review; and
• prohibit the use of solitary confinement and seclusion for juveniles, persons
with intellectual or psychosocial disabilities, pregnant women, women with
infants and breastfeeding mothers, in prison and in all health-care institutions,
both public and private.iv
In 2014 the United Nations Committee on the Rights of Persons With Disabilities,
also recommended in its concluding observations, that immediate steps be taken
to eliminate the use of seclusion and restraints in medical facilities.v
The report was commissioned to provide an independent perspective on seclusion
and restraint practices in several different detention contexts and to identify
examples of good practice as well as areas that require improvement to inform
future NPM activities.
Cooperation and Engagement
Dr Shalev, the Commission and the NPMs have received a very high degree of
cooperation from the staff at relevant detention facilities, and the respective
responsible government ministries, departments, and district health boards. It is
heartening to see an openness and willingness to identify areas for improvement
to enhance compliance with human rights standards.
iv
https://www.hrc.co.nz/files/2814/3192/5666/CAT_Report_May_2015.pdf
v
http://docstore.ohchr.org/SelfServices/FilesHandler.
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