Some prisoners in Aotearoa are being kept in solitary confinement for a number of months and in some cases, years with the potential to contribute to long-lasting physical and psychological effects, a new report has found
The independent Office of the Inspectorate | Te Tari Tirohia found that between October 2020 and September 2021, more than 5000 prisoners, nearly a third of the prison population at that time, had been separated from the mainstream population for a range of reasons.
“We found that many of these prisoners would likely have experienced solitary confinement and some prisoners would have experienced this for a number of months or years,” chief inspector Janis Adair said.
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“The effects of segregation, solitary confinement, isolation, separation, and any other form of restrictive imprisonment, however this is described, demands the closest of scrutiny by oversight agencies.
“This report is a call to action to refresh, redesign and reimagine relevant policies, procedures and practices that operate in New Zealand’s correctional landscape when managing individuals who need to be separated from the prison population.”
A lawyer has called the segregation of prisoners ‘inhumane’.
Earlier this year, Stuff reported some prisoners at New Zealand’s only maximum security prison were being left locked in their cells for up to three days at a time – breaching human rights.
Amanda Hill is a lawyer who acts for prisoners challenging the lawfulness of some segregation orders.
She said the report has found multiple failings in the way prisoners are segregated and isolated from others, resulting in breaches of the Corrections Act 2004, and likely breaches of the international minimum standards for prisoners, known as the Mandela Rules.
The Mandela Rules prohibit prolonged solitary confinement, which is defined as more than 15 days of being isolated for 22 hours or more a day.
Hill said many segregation orders are rolled over for far longer than that.
“It is inhumane and could breach the New Zealand Bill of Rights Act.”
Chief Ombudsman Peter Boshier said Corrections were “over protective” about letting him into prisons and steps to keep out COVID-19 has been at the expense of some prisoners’ rights.
Prisoners with serious mental illnesses are also being segregated which can contribute to the risk of self-harm and suicide, Hill said.
The lawyer said segregation is being used as punishment instead of a management tool.
“While there may not be a lot of sympathy for prisoners, it is imperative that the State complies with domestic and international law. This has been going on for years and enormous change is needed,” Hill said.
The Inspectorate spoke to a number of prisoners, including one who had been segregated for their own safety for three years and ten months.
He said being in segregation was “mentally draining” and it was “getting worse”. He wanted to move to a Māori focused unit where he could be unlocked with other prisoners.
The prisoner kept in contact with his family via telephone calls.
“I have been isolated from the mainstream environment and my family, my people and culture for a lengthy period. I feel I need to move on to keep growing as an individual. Being housed in isolation … has its moments, negative environment, mentally, emotionally, physically and most of all psychologically draining,” the prisoner wrote in a letter.
Emma Priest, on behalf of the Criminal Bar Association, said the report endorses the concerns held by legal counsel about the inhumane conditions.
Priest said prisoners’ rights continue to be breached and they are subjected to psychological trauma.
“Many have not seen family in person since August 2021. Some are only being released for their cells three hours a week. It is having flow on effects on fair trial rights and the criminal justice process.
“I say again that minimum human rights are not aspirational. There can be no excuses for failing to meet them and causing unnecessary human suffering.”
Amnesty International Aotearoa campaigns director Lisa Woods said the country needs a criminal justice system that works to reduce crime, upholds Te Tiriti o Waitangi and enables everyone to live well in their community.
"The problem is our current justice system is risking serious harm.”
The Department of Corrections has accepted the report’s recommendations and begun work.
Corrections are required to report back on progress in six months and every half-year after that.
“We recognise the challenges involved in segregating prisoners and the impact on those who are segregated, and we are committed to ensuring we are targeting our efforts at those areas where we are at greatest risk of creating harm to those we choose to separate,” Corrections’ chief custodial officer Neil Beales said.
Beales said the report also recognised the ongoing staffing challenges.
“They have obligations to public safety, the safety of their colleagues and the welfare of prisoners that can at times lead to very difficult choices with very limited options. However it is right that we take the time now to recognise that we can, and should, always strive to do better,” Beales said.