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Implementing Human Rights
in Closed Environments
The New Zealand Experience
Natalie Pierce
Legal Advisor to Chair
Independent Police Conduct Authority
20 February 2012
The OPCAT Framework (international)
•
Dual system of national and international monitoring and reporting (Art 1)
•
SPT mandate (Art 11)
(a) Visit places of detention and make recommendations to States Parties concerning the protection of persons
deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment;
(b) In regard to the national preventive mechanisms:
(i)
Advise and assist States Parties, when necessary, in their establishment;
(ii)
Maintain direct, and if necessary confidential, contact with the national preventive mechanisms
and offer them training and technical assistance with a view to strengthening their capacities;
(iii)
Advise and assist them in the evaluation of the needs and the means necessary to strengthen the
protection of persons deprived of their liberty against torture and other cruel, inhuman or
degrading treatment or punishment;
(iv)
Make recommendations and observations to the States Parties with a view to strengthening the
capacity and the mandate of the national preventive mechanisms for the prevention of torture and
other cruel, inhuman or degrading treatment or punishment;
(c) Cooperate, for the prevention of torture in general, with the relevant United Nations organs and
mechanisms as well as with the international, regional and national institutions or organizations working
towards the strengthening of the protection of all persons against torture and other cruel, inhuman or
degrading treatment or punishment.
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Article 18
1. The States Parties shall guarantee the functional independence of the national
preventive mechanisms as well as the independence of their personnel.
2. The States Parties shall take the necessary measures to ensure that the experts of
the national preventive mechanism have the required capabilities and professional
knowledge. They shall strive for a gender balance and the adequate representation
of ethnic and minority groups in the country.
3. The States Parties undertake to make available the necessary resources for the
functioning of the national preventive mechanisms.
4. When establishing national preventive mechanisms, States Parties shall give due
consideration to the Principles relating to the status of national institutions for the
promotion and protection of human rights.
The OPCAT Framework (national)
•
The balanced NPM
– No institutional or personal links to government or relevant institutions,
including places of detention
– Responsible for its own rules of procedure and employment of staff, as well as
planning and carrying out its work and administering its budget
– Adequate, ring-fenced financial resources
– Adequate number of staff, equipment, means of transportation etc
– Staff
• Professional diversity
• Gender balance
• Representation of ethnic / minority groups
Independent, balanced, effective recommendations, monitor implementation,
follow up
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National Preventive Mechanisms
Crimes of Torture Act 1989
• s 27
Functions
• s 28
Access to information
• s 29
Access to places of detention and
persons detained
• s 30
Conducting interviews
• ss 31 – 32 Central NPM designation and
functions
• ss 33 – 36 Confidentiality, powers, protections,
privileges and immunities, reports
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The IPCA’s OPCAT role
Procedures
what we do
Principles
how we do it
Progress
what we have
achieved
Cell inspection procedures
Arrival
Talk with officer in
charge
Purpose
 includes where prisoners
are received and processed
 suicide cells, sanitary
installations
 all cells and day rooms or
large holding areas
Purpose
 explain visit objectives
 work methods ie private
chats with staff etc
 explain use of information
collected
 arrange time to meet later
in the day
General facilities tour
Document
examination
Purpose
 examine/role all registers
and records
 local district orders
covering all aspects policy,
rules, practice, procedure
should be examined
Talk with detainees
Talk with Police staff
Debrief with officer in
charge
Purpose
 particularly police staff
working in cell blocks
 sensitively organise meeting
times
Purpose
 summarise facts found
 identify specific issues
 ill treatment issues to be
raised immediately
Purpose
 limited numbers
 security concerns
 select representative
people
 must be in private
r:\OPCAT\admin\cell inspection procedures updated 4 Feb
2010
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IPCA OPCAT Activities 2010 – 2011
• Specialist and joint site visits
• Engagement with Police (national and local)
• Engagement with civil society & international
agencies
• Detention research and evaluation
Joint Thematic Review on Children and Young
Persons in Police Custody (‘JTR’)
•
First thematic review of custody issues under OPCAT mandate in New Zealand
•
Review agencies
– Independent Police Conduct Authority
– Office of the Children’s Commissioner
– NZ Human Rights Commission
•
Research focus
– Treatment in detention (access to family, lawyer or nominated person,
separation from adults, visits by social workers)
– Broader policy, training and systems issues
– Opportunities for development
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Awareness
&
Outreach
Research &
Evaluation
Regular
Site
Visits
Moving Forward
OPCAT Development in
New Zealand
Law &
Policy
Review
Capacity
Building
&Training
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