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.
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