It is also noteworthy that only one of the four officers who took part in this
incident noted in their report that the woman had said that she had her period.
We can only imagine how distressing it must be to have to remove your
underwear when you have your period in front of four strangers, which seems
to me an important factor for explaining the woman’s response to the order to
undress.
“It is hard to imagine how four officers restraining
and forcibly undressing a distressed woman in order
to dress her in a gown ‘for her own protection’ could
possibly be seen to be conducive to the woman’s
wellbeing or to the development of a healing
relationship with staff.
The fact that the woman had arrived at the ISU straight from the Reception
Office, likely to be disorientated and anxious, must have made the entire
experience even more distressing. As ISU cells are on camera, the entire scene
would have been watched by staff in the control room, in complete disregard of
the woman’s dignity and right to privacy.
The Chief Ombudsman, Peter Boshier, also noted the unsuitable conditions in the
ISU (which was still known as an ARU at the time), and expressed his ongoing
concern about the use of in-cell cameras in unscreened toilet areas:
“Rooms had limited natural light and little fresh air. Prisoners were constantly
monitored by CCTV, even when using the toilet, which was unscreened. The
camera feed was displayed on TV monitors in the ARU office and Master
Control. A consequence of Corrections’ policy for toilets in ARU cells to
be unscreened is that prison staff (and others) have the ability to observe
prisoners, either directly or through camera footage, undertaking their
ablutions or in various stages of undress. I consider that this amounts to
degrading treatment or punishment for the purpose of the Convention
Against Torture”.44
44
Office of the Ombudsman, Report on an unannounced inspection of Arohata Upper Prison – 21 March 2018,
at p 14.
43