Corrections releases Crimes of Torture Act reports
Corrections releases COTA reports
To be attributed to Chief Custodial Officer Neil Beales:
The United Nations Optional Protocol to the Convention Against Torture establishes an international inspection system for places of detention.
The Ombudsmen has responsibility under the Crimes of Torture Act (COTA) for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.
Inspectors from the Ombudsman’s Office made unannounced visits to Arohata, Manawatu and Invercargill Prisons and Otago Corrections Facility, and Corrections today released the reports relating to the inspections of the four prisons, subject to some redactions for security reasons.
The COTA inspectors made many positive findings about each prison, such as prisoners being complimentary about staff, prisoners feeling there was a staff member they could turn to for help if they had a problem, and cells being clean, tidy and well maintained.
Corrections takes its duty of care towards prisoners seriously and is committed to managing all prisoners in a safe, secure, humane and effective manner.
Prisoners have the right to be treated with humanity, dignity and respect while in prison, therefore there are a number of human rights standards in place to ensure safe detention.
If a prisoner believes their human rights have been breached, they have a number of complaints processes they can follow (such as internal complaints processes, the Inspector of Corrections, and the Ombudsman).
Many of the recommendations made by the Ombudsman have already been carried out and Corrections is continuing work to progress recommendations that require action. Some recommendations were not accepted.
Cameras
Corrections takes the matter of
prisoner dignity and privacy seriously. All possible steps
are taken to ensure that privacy is provided where it is
possible and appropriate. Our paramount concern is to manage
prisoners in a safe environment. Cameras are used in
accordance with the Corrections Act 2004 and Corrections
Regulations 2005, which state that sentences must be
administered in a “safe, secure, humane, and effective
manner.”
Concerns about privacy in safe cells must
be secondary to the risk posed to a prisoner’s life. The
ability of staff to remotely observe prisoners in safe cells
has meant that on numerous occasions they have prevented a
potential prisoner suicide or self harming incident.
For
secure cells, camera footage is an important tool in order
to provide evidence of a prisoner’s actions and to protect
staff from unfounded allegations.
Installation of privacy screens around the toilet area in the secure unit cells is not accepted as a recommendation because Corrections deems this would not be consistent with safe custodial management.
(Note: comments about cameras related only to safe or at-risk cells, and secure cells, not mainstream cells. At-risk or safe cells are used for prisoners at risk of self-harm or suicide.)
Cameras monitoring women being strip
searched
The camera is to ensure the safety of staff
while they are conducting searches, and is not intended to
capture footage of women while they are being strip
searched. The search area has been marked to ensure that the
prisoners do not enter the view of the camera. Signage has
been added to ensure that women know that if they stay
behind the marked area, the camera cannot view them.
Prisoners feeling unsafe
While Corrections
manages some of the country’s most challenging and violent
individuals, intimidation and threatening behaviour in
prisons is not tolerated and any prisoner who exhibits such
behaviour will be held to account.
Corrections has developed a Prison Tension Assessment Tool (PTAT) to help corrections officers assess the overall level of tension in units. This will enable actions to be taken where needed to reduce concerns. The PTAT tool has been trialled at prisons around NZ and been used by Invercargill Prison since September 2016.
At Manawatu Prison, a prisoner safety survey was completed. The site prisoner representative committee meet monthly with a Principal Corrections Officer to raise any concerns. They also meet with the Prison Director and other managers quarterly.
Complaints process
An enhanced complaints
process for prisoners has been introduced. The process
supports frontline staff to effectively resolve complaints
at the lowest possible level, including being responsive to
issues before they result in a complaint. A national
Complaints Response Desk has been set up to support
frontline staff with complaint resolution and field calls
from prisoners and offenders before issues are escalated
further. Prisoners and offenders will still be able to call
the Corrections Inspectorate.
Prison Directors will
ensure that all prisoners can readily access complaint
forms. Prisoners are also able to call the 0800 INSPECTOR
number and the Ombudsman to escalate a complaint if they
have an issue with how their complaint has been
handled.
Length of time between evening meal and
breakfast
Current meal times meet operational
requirements while taking into account staffing levels and
unlock regimes. Section 72 of the Corrections Act 2004
requires that every prisoner is provided with “a
sufficient quantity of wholesome food and drink based on the
food and nutritional guidelines for the time being issued by
the Ministry of Health.” The section makes no reference to
the times food is to be served. We consider that prisoner
meals are sufficient in terms of quantity and quality. The
current prison menus were developed with input from the
Ministry of Health, Diabetes Life Education and the Heart
Foundation in consultation with a clinical dietician. The
menus provide adequate amounts of all food groups and
vitamins and minerals. They are basic, nutritious and rotate
every four weeks.
The prison shop (P119) offers
limited healthy options.
P119 purchases are intended
to be in addition to the food provided by the Department for
meals, which is considered to be a sufficient full diet in
quantity and quality. There are sufficient numbers of
healthy choices on the current list including fruit, muesli
bars and nuts.
Arohata Prison – Balance of
male/female staff at night
A review of male/female
staffing ratio took place in February 2016 and as a result
new female staff have been employed at Arohata Prison. There
are now more female staff on the roster.
ENDS
The reports can be found here – http://www.corrections.govt.nz/news/media-releases/2016_media_releases/corrections_releases_cota_reports.html