the sending State can enforce, that can be breached at any time without warning or detection and for which any response by the sending State will involve a political assessment in the light of the broader bilateral relationship between the States. (b) Second, the Minister was not entitled to determine that Mr Kim could be surrendered in circumstances where there were substantial grounds to believe there is a real risk that Mr Kim would be in danger of being subjected to an unfair trial. Delivering a person to a receiving State to undergo a process that cannot be characterised as a fair trial is not extradition. 90. Mr Kim has since made a complaint to the UN Human Rights Committee. The Committee granted Mr Kim his request for interim measures not to extradite him until the Committee has made its decision on his complaint. We understand that the Government has agreed to accept the interim measures until 31 December 2023. 91. The Committee may wish to enquire into the steps the Government is taking to comply with its obligations of non-refoulement regarding Mr Kim. Article 10 Training and education (List of Issues item 14) 92. Information regarding the adequacy of education and training that is provided to law enforcement and custodial personnel about human rights obligations, including the prohibition on torture, is discussed in the joint submission of the Aotearoa New Zealand NPMs. Article 11 93. The rules and practices relating to the custody and treatment of persons in detention are discussed in the joint submission of the Aotearoa New Zealand NPMs. 94. However, the Commission wishes to comment separately on two key issues related to the treatment of persons in Aotearoa New Zealand prisons, specifically: the regulation and use of lesslethal weapons, and the conditions and treatment of persons in prison, with a focus on pre-trial detention and women in prison. As noted throughout this section, the over-representation of Māori within the Aotearoa New Zealand prison population means that these issues have a disproportionate impact on Māori. 95. The Commission notes that Corrections recently released its Disability Action Plan 2023 to 2027, which establishes priority action areas to reduce barriers to disabled people, including tāngata whaikaha Māori, in prison.113 Immediate planned actions include establishing an advisory group to inform disability support across the Corrections’ estate, implementing standardised screening processes, providing of key information in accessible formats, and piloting dedicated support worker roles for disabled people and older people in Aotearoa New Zealand prisons. While this Action Plan is a positive step, this commitment must be followed by implementation. 96. The Commission also wishes to emphasise that a person-centred, trauma-informed approach must be applied to the management of all persons in prison, with a particular emphasis on other vulnerable groups including women, children and young people, and minority ethnic groups. For 113 Ara Poutama Aotearoa | Department of Corrections “Disability Action Plan 2023 – 2027” available at https://www.corrections.govt.nz/resources/strategic_reports/disability_action_plan_2023_2027. 23

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