New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 24. The COTA expressly prohibits any act of torture against another person in or outside of New Zealand. Compensation can be awarded in appropriate cases. However, it is important to note that prosecution under COTA can only be taken with the consent of the Attorney-General, and compensation only awarded at the Attorney-General’s discretion. 25. In its follow-up responses to the concluding observations of the Committee dated 19 May 201011 the Government indicated that it was reviewing the further steps, if any, necessary to withdraw this reservation in light of various developments, including redress available under BORA. 26. 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. Presumption of Innocence 27. Under section 25(c) of the BORA, everyone charged with an offence has “the right to be presumed innocent until proved guilty according to law”. While the right can be limited in some situations the Supreme Court in R v Hansen12 (“Hansen”) held that such situations will not be a common occurrence13. In Hansen the majority held that although the control of illegal drugs was a significant objective, the fact that the reverse onus was triggered by possession of an arbitrary amount, it was not rationally connected with the objective and could not be justified in a free and democratic society. 11 CAT/C/NZL/CO/5/Add1 at [61]-[62 [2007] 3 NZLR 1. 13 The Chief Justice considered whether justification of the presumption of innocence could ever be limited as it denies the right entirely. 12 12