SECLUSION AND RESTRAINT – ARTICLE 16 30. An independent report into seclusion and restraint in New Zealand illustrated a high use of seclusion across prisons, mental health facilities, and children’s residences when compared to similar jurisdictions and raised concerns that seclusion was not being used as a last resort or for the shortest possible period. The revised (UN Standard Minimum Rules on the Treatment of Prisoners (the Mandela Rules)12 clarify that solitary confinement can amount to cruel, inhuman or degrading treatment or punishment, especially for children and people with disabilities, including mental health issues. Concerns were raised about the use of seclusion in New Zealand on these vulnerable groups. 31. The NPMs have raised concerns about forms of restraint across different detention contexts. The Ombudsman has highlighted possible cruel, inhumane, degrading treatment or punishment in prison through the use of restraints. The Ombudsman’s report A question of restraint noted the treatment of a prisoner who spent 37 consecutive nights secured on a tie-down bed and another prisoner who was almost continually kept in a waist restraint for a three-and-a-half-month period. An independent report of seclusion and restraint in New Zealand also highlighted concern about the use of restraint chairs in police cells noting they are inherently degrading. HISTORIC CASES OF ABUSE -ARTICLES 12,13,14,16 32. 33. Many New Zealanders who were placed in government institutions suffered sexual, physical and psychological abuse. Allegations of abuse in State care are dealt with through a variety of mechanisms. These include: • The existing social security regime • The Accident Compensation framework • The Ministry of Social Development’s Historic Claims process • The Courts (to a very limited degree) The Committee has welcomed the Ministry of Social Development’s Historic Claims process. However, as the Committee has noted in its 2015 concluding observations there is no similar process to “conduct prompt, impartial and thorough investigations into all allegations of ill-treatment in prisons and health-care institutions, both public and private; prosecute persons suspected of ill-treatment and, if they are found guilty, 12 For a guide on the interpretation of the revised Mandela Rules see: Penal Reform International and Human Rights Centre, University of Essex, Essex paper 3: Initial guidance on the interpretation and implementation of the UN Nelson Mandela Rules, 2017. (https://www.penalreform.org/resource/guidance-on-implementation-thenelson-mandela-rules/). 12