The fund supports projects designed to assist with the implementation of recommendations made by the Subcommittee during country visits. The Subcommittee on the Prevention of Torture visited New Zealand in 2013. In relation to seclusion and restraint practices, the Subcommittee recommended the immediate cessation of the practice of holding prisoners in prolonged detention in disciplinary cells based on perceived security risk and that the protection of vulnerable detainees should not be achieved at the cost of their own detention conditions. Many of the agencies responsible for monitoring New Zealand detention facilities have had longstanding concerns about the use of seclusion and restraint in different settings. The issue has also been addressed by the United Nations Committee against Torture, most recently in concluding observations made following New Zealand’s 6th periodic review in 2015. The Committee recommended that New Zealand: • limit the use of solitary confinement and seclusion as a measure of last resort, for as short a time as possible, under strict supervision and with the possibility of judicial review; and • prohibit the use of solitary confinement and seclusion for juveniles, persons with intellectual or psychosocial disabilities, pregnant women, women with infants and breastfeeding mothers, in prison and in all health-care institutions, both public and private.iv In 2014 the United Nations Committee on the Rights of Persons With Disabilities, also recommended in its concluding observations, that immediate steps be taken to eliminate the use of seclusion and restraints in medical facilities.v The report was commissioned to provide an independent perspective on seclusion and restraint practices in several different detention contexts and to identify examples of good practice as well as areas that require improvement to inform future NPM activities. Cooperation and Engagement Dr Shalev, the Commission and the NPMs have received a very high degree of cooperation from the staff at relevant detention facilities, and the respective responsible government ministries, departments, and district health boards. It is heartening to see an openness and willingness to identify areas for improvement to enhance compliance with human rights standards. iv https://www.hrc.co.nz/files/2814/3192/5666/CAT_Report_May_2015.pdf v http://docstore.ohchr.org/SelfServices/FilesHandler. 5

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