Prisoners in three units at Auckland Prison were denied their minimum entitlements for up to nine months, the Office of the Inspectorate has found.
The investigation found that 107 prisoners were likely subject to solitary confinement for more than 100 days, and 24 men for more than 200 days.
A lawyer has labelled the treatment as “inhumane”.
The Department of Corrections said it has accepted the recommendations to ensure ongoing monitoring and assurances that minimum entitlements are being delivered.
A special investigation has highlighted inmates at New Zealand’s only maximum security prison are being denied their minimum entitlements.
Last January, Stuff revealed some prisoners at Auckland prison were being locked in their cells for up to three days at a time - breaching human rights, with lawyers, the Human Rights Commission and Amnesty International concerned for the welfare of inmates at and were urging Corrections to address the issue.
“Unlocking men for an hour every two days is inhumane” barrister Emma Priest, who represents some of the affected men, said.
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“I saw men unable to communicate when they came to court. They would be in a panic state, anxious, depressed and unable to cope with normal social interactions. It is overwhelming for these men to suddenly be placed into the Court setting having been living in almost complete isolation. It is an indictment on Corrections that they have caused this,” Priest said.
The lawyer’s comments come in light of the outcome of a special investigation from the Office of the Inspectorate that has found the minimum entitlements of prisoners at Auckland Prisoner were not met and prisoners experienced solitary confinement as defined in the Mandela Rules, for a period of nine months.
Some prisoners confined to cells for up to 29 hours, diary shows
Women at an Auckland prison have been routinely confined to their cells for periods of up to 29 hours at a stretch - well outside a law which says they should get at least one hour out of their cells a day. (Video first published in May 2020.)
Women at an Auckland prison have been routinely confined to their cells for periods of up to 29 hours at a stretch - well outside a law which says they should get at least one hour out of their cells a day. (Video first published in May 2020.) VIDEO CREDIT: RNZ
Under the Corrections Act 2004, prisoners are entitled to a minimum of one hour of exercise daily out of their cell. The unlock regime arose largely because of staff shortages, which have been an issue across the entire prison network since the Covid-19 pandemic.
“Minimum entitlements are a statutory legal requirement not a privilege,” Chief Inspector Janis Adair said.
Adair said it was concerning Auckland Prison continued a regime for an extended period of time.
“There appeared to be no plan that resulted in meaningful action to return to meeting the minimum entitlement. As time passed, the situation appeared to have become normalised, as the competing priorities of staff shortages and staff and prisoner safety were managed.”
This special investigation examined the minimum entitlements of prisoners in units 11, 12 and 13 of Auckland Prison. The restrictive unlock regime began in late 2022 and early 2023.
Unit 11 houses those with mental health issues and high needs, Unit 12 and 13 house mainly maximum security prisoners.
Priest said the fact those in unit 11 were left in solitary confinement was “especially concerning”.
“This is a shocking way to treat those who rely on Corrections for their care. There is no doubt it has exacerbated their mental health problems,” Priest said.
Emma Priest said the treatment of prisoners has been inhumane.
RICKY WILSON / STUFF
Corrections’ deputy commissioner Neil Beales, said the department has accepted the recommendations made by the Inspectorate and changes have been made.
“Every decision we make is about keeping our prisons safe, but we are committed to learning from this investigation.”
Beales said the investigation was conducted in the aftermath of the Covid-19 pandemic and the department was having to make urgent changes to standard operations. He said the operating environment and the challenges faced by corrections has been “unprecedented”.
“The safety of staff and prisoners must be our top priority and given the serious violent incidents that occur in these units, including damage to property and an attack that tragically resulted in the death of another prisoner, we cannot afford to take any risks.”