Media Release
20 May 2009: For Immediate Release

United Nations Committee Against Torture Observations

The United Nations Committee Against Torture today released its concluding observations in consideration of New Zealand’s fifth periodic report to the Committee. The Committee expressed a number of concerns and issued wide-ranging recommendations regarding New Zealand’s implementation of the Convention Against Torture

Sonja Cooper, lawyer for a large number of people taking claims against former psychiatric hospitals and the former Department of Social Welfare, is very pleased with the Committee’s observations. In particular, Ms Cooper welcomes the Committee’s recommendation regarding New Zealand’s response to allegations of ill-treatment. The Committee stated:

Allegations of ill-treatment

11. The Committee is concerned that allegations of cruel, inhuman or degrading treatment, inflicted by persons acting in an official capacity against children in State institutions, and against patients in psychiatric hospitals have not been investigated, perpetrators not prosecuted, and victims not accorded redress, including adequate compensation and rehabilitation. (arts. 12, 14 and 16)

The State party should take appropriate measures to ensure that allegations of cruel, inhuman or degrading treatment in the “historic cases” are investigated promptly and impartially, perpetrators duly prosecuted, and the victims accorded redress, including adequate compensation and rehabilitation.

The Committee also requested (at paragraph 21 of its report) that New Zealand provide, within one year, information on measures taken in response to this particular recommendation, among others.

Prior to the Committee’s considerations, Ms Cooper had provided the Committee with a shadow report identifying New Zealand’s failure to adequately respond to allegations of ill-treatment of New Zealand citizens in State care. Ms Cooper particularly commented on the inadequacy of the Confidential Listening and Assistance Service, the lack of any official Inquiry into institutional abuse, the Government’s refusal to consider an out-of-Court settlement process and its reliance on technical defences to bar these claims.

Similarly, the New Zealand Human Rights Commission had commented, in its shadow report (at paragraphs 7.7 and 7.8), that a suitable process for the resolution of these historical claims was needed.

“The Committee’s recommendations show that there is a real concern that the New Zealand Government is failing to meet its international obligations, or even to act in accordance with international good practice, with regards victims of torture and other ill-treatment. Both this Government, and the Labour Government before it, have repeatedly denied these victims appropriate redress. Instead, the Crown has dragged out the litigation for many years, causing further distress for my clients and exponentially increasing the costs of these claims, which is coming out of the public purse,” said Ms Cooper.

Ms Cooper stated that the number of claims would continue to grow in the face of Government refusal to acknowledge, apologise and address the claims in a substantive manner. She hopes that the Committee’s comments will not fall on deaf ears and that the Government would take all necessary steps to respond to these claims in accordance with its international obligations.

ENDS

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