Photo: RNZ / Cole Eastham-Farrelly
The treatment of inmates in a prison unit for "extreme risk" criminals is cruel, inhuman, and breaches the United Nations Convention against Torture, the Chief Ombudsman says.
Peter Boshier has released a report outlining concerns about human rights abuses at Auckland Prison's Prisoners of Extreme Risk Unit (PERU), which houses people with convictions for terrorism, violent extremism, transnational organised crime and significant, repeated violence.
There are currently 13 inmates in the PERU, including the Christchurch mosque terrorist.
Boshier recommended Corrections stops the way it is running the unit and ends prolonged solitary confinement.
Corrections said it had already made a number of improvements, but Boshier said he had not seen much evidence of change.
During four visits over 18 months, Boshier found that prisoners were subjected to prolonged and "potentially indefinite" solitary confinement, as well as oppressive living conditions including limited access to natural light and fresh air.
"They routinely spend 24 hours a day locked up alone and are denied meaningful human contact for long periods of time. This is a blatant breach of international human rights conventions," he said.
"I have also found evidence of a disproportionate use of force on prisoners as well as excessive and unjustified instances of search and surveillance."
The prisoners are constantly watched on CCTV - even in toilet and shower areas - and are checked on every 15 minutes, day and night, Boshier said.
At night, Corrections officers shine torches through the hatches of these prisoners' cells every 15 minutes.
But Boshier found camera footage and record keeping of using force was inadequate.
While those in the PERU had committed serious crimes, their human rights had to be protected, he said.
"In the PERU, I saw the detrimental impact of a state system operating without a clear focus on how it treats people. The treatment and conditions that I observed are not what I expect of our country."
Corrections is legally obliged to protect human rights and provide rehabilitation opportunities to help them re-join the community after their sentences, but ill-treatment in the PERU did not support that, Boshier said.
He also found the unit lacked scrutiny or formal consultation about its operations, and that the small number of staff managing it had "inappropriate autonomy".
It also categorised all prisoners as 'extreme risk', despite the fact they had varying degrees of risk - and some were on remand, and not convicted, Boshier said.
"It is entirely inappropriate for Corrections to allow the Directorate to use an oppressive, one-size-fits-all approach."
Comments from prisoners, included in the report, painted a grim picture of their experience in the PERU.
"It makes me feel like I am dead," said one.
"Not even fit for an animal… try and imagine being locked in a toilet for 24 hours a day, it's like that," another said.
'Scant evidence' Corrections is changing its ways
Boshier said he had raised his concerns with Corrections on a number of occasions.
"They've advised me that some practices have changed or are changing but I've seen scant evidence of that and I remain deeply concerned," he said.
"The current operating model at the PERU does not fit with New Zealand's values as a humane society and it has to stop."
The prisoners had rights to safe and fair treatment, and it was Boshier's job to uphold the dignity and honour of everyone in society, he said.
"I will continue to expose cruel, inhuman and degrading treatment when I see it."
Corrections responds
Corrections had received Boshier's report on Friday and was considering the findings and recommendations, but it could not stop the current operating model for safety reasons, said custodial services commissioner Leigh Marsh.
The department had robust processes in place to ensure prisoners were treated safely and humanely, and it was continuously working to improve them, Marsh said.
That included extra training for staff, boosting staffing levels, increasing the range of "rehabilitative, constructive and cultural activities" offered to prisoners, and helping them contact family through online video technology.
"The operating model of the PERU is regularly evolving in response to the risk posed by those individuals who present an extreme threat to keep other people in prison, staff, and the wider community safe," Marsh said.
"Immediately ceasing the use of our current PERU model would present an undue risk to these parties, which is why we are taking operational and legislative steps to ensure we can keep our staff, the public and other prisoners safe while still ensuring the safe, humane and fair management of New Zealand's most dangerous prisoners."
Corrections was looking at changes to the Corrections Act to define extreme threat prisoners and set out specific laws to manage them, Marsh said.
"I expect this work will consider how specialist regimes or units within the Corrections system provide for the safe, humane, transparent and fair management of people in custody."