Appendix 1: Thinking outside the Box?
(2017) recommendations
All agencies: 2017 recommendations
G1
Force and all forms of restraint, including seclusion or segregation, must only be used
when absolutely necessary, as last resort and for as short a time as possible.
Decisions to use seclusion or restraint should be based on an individualised and
proportionate risk-needs based approach, and be regularly reviewed.
G2
Minimum standards for decent living conditions and essential provisions as set out
in the Mandela Rules and other human rights instruments must always be met.
Specifically, cells and rooms must be of a reasonable size, clean, safe, well ventilated,
well lit and temperature controlled.
Basic requirements regarding access to fresh air and exercise, food and drinking water
must always be adhered to across all detention contexts.
G3
Internal rooms cannot be considered an appropriate substitute to an outdoor exercise
yard; access to fresh air and natural light should be provided in all the institutions
which do not currently provide it.
G4
All cells/rooms must be equipped with a means of attracting the attention of staff,
and these must be regularly checked to ensure that they are in good working order.
G5
Measures to enable detainees and patients to exercise more personal autonomy inside
their solitary cells should be implemented. Examples include removing restrictions on
the use of the toilet flush in prisons or control of light switches and room blinds in
health and disability facilities.
G6
Facilities which are not fit for purpose should be decommissioned as soon as
practicable. These include the Wellington police custody suite; the ‘silver cells’ in
Auckland Men’s Management Unit, and the Free standing ‘pound’ units in all prisons.
G7
Confidential and accessible complaint mechanisms must be closely safeguarded in
all places of detention, and even more so in units where people are separated from
others and thus potentially more vulnerable to mistreatment. All prisoners, detainees,
patients and residents should have unlimited and unmonitored access to written
complaints forms and means to submit these in a confidential manner, ideally using a
secure complaints box which can only be accessed by a nominated member of staff,
preferably someone who is not part of the treatment or custody team. People with
disabilities and anyone who may have difficulties in accessing the complaints system
should be provided with assistance to enable them to do so.
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