Report on an unannounced inspection of Corrections Services Tongariro/Rangipo Prison Under the Crimes of Torture Act 1989

Transcription

1 COTA Report Report on an unannounced inspection of Corrections Services Tongariro/Rangipo Prison Under the Crimes of Torture Act June 2015 Dame Beverley Wakem, DNZM, CBE Chief Ombudsman National Preventive Mechanism

2

3 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 3 Contents Executive Summary 5 Background 5 Summary of findings 5 Recommendations 6 Consultation 6 Corrections Services comments 6 Facility Facts 10 Tongariro/Rangipo Prison (the Prison) 10 Region 10 Operating capacity 10 Prison Director 10 Regional Commissioner 10 Last inspection 10 The Visit 11 Visit methodology 11 Recommendation from previous report 12 Evidence 12 Treatment 12 Torture or cruel, inhuman or degrading treatment 12 Directed segregation 12 Record keeping 12 Accommodation 13 Prisoners views on treatment 13 Recommendations - treatment 14 Material conditions 14 Accommodation 14 Sanitary conditions 14 Food 14 Recommendations material conditions 15 Regimes, activities and access to visitors 15 Outdoor exercise/leisure activities 15 Employment opportunities 15 Access to visitors/external communications 17 Recommendations regimes, activities and access to visitors 17 Acknowledgements 17 Appendix 1: Photographs (prison cameras) 18

4 Page 4 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Appendix 2: Overview of OPCAT Prisons 19

5 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 5 Executive Summary Background 1. In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons. 2. On 11 June 2015, Chief Inspector Jacki Jones (to whom I have delegated authority to carry out visits of places of detention under COTA) visited Tongariro/Rangipo Prison (the Prison). Summary of findings 3. The Chief Inspector s findings may be summarised as follows: - Staff-prisoner relationships were generally good with prisoners stating that staff treated them with respect and they could ask for assistance if they had a problem. - Prisoners have access to daily showers and clean bedding and clothing. - All areas of the Prison, including cells, were exceptionally clean and tidy. - The quality and quantity of the food was adequate. - Prisoners have unlimited access to fresh air throughout the day. - Prisoners are unlocked for more than 12 hours a day. - Prisoners had a reasonable understanding of the complaints process and said they could access the telephone, send and receive mail and access visitors. - Strong leadership was visible across the site. 4. The issues that need addressing were as follows: - While there was no evidence that any prisoners had been subject to anything that could be construed as torture, requiring a prisoner to use the toilet and shower whilst potentially being observed on camera is inappropriate and could amount to degrading treatment under Article 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. - Segregated prisoners are being housed in non-compliant cells. - Staff have the ability to observe prisoners, either directly or through camera footage, undertaking their ablutions in punishment cells. - Punishment cells have no privacy screening around the toilet area. - Not all prisoner information kiosks were working.

6 Page 6 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman - Over two thirds of prisoners were without employment or engaged in a programme (on the day of the visit). Recommendations 5. I recommend that: a. Accommodation for prisoners on directed segregation should meet the Departments Management Unit standards. b. Cameras should not cover the toilet/shower area. c. Privacy screening should be installed around toilets. d. The prisoner information kiosks need to be in working order. e. Every effort should be made by local management to find employment for the prisoners in the Units. This is a repeat recommendation. 6. A follow up visit will be made on future dates as necessary to monitor implementation of the recommendations. Consultation 7. A draft copy of this report was forwarded to Corrections Service National Office for comment as to fact, finding or omission prior to finalisation and distribution. Their comments have been included below. Corrections Services comments Thank you for the opportunity to respond to the findings from your unannounced inspection of Tongariro/Rangipo Prison on 11 June The Department is committed to managing all prisoners in a safe, secure, humane and effective manner. I am pleased to note that your report highlighted a number of positive findings, including that staff treated prisoners respectfully, accommodation was exceptionally clean and well maintained and there was strong leadership across the site. Although the overall report was very positive, you have made five recommendations and one suggestion for improvement which I have addressed below: Recommendations a. Accommodation for prisoners on directed segregation should meet the Departments Management Unit standards. As you have noted, Tongariro/Rangipo Prison does not include a Management Unit and all prisoners on directed segregation are held in separates cells.

7 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 7 The Cedar Unit separates cells are the most compliant with Schedule 2 Part B of the Corrections Regulations 2005 Entitled Items and Features of cells for Segregated Prisoners. The cells have a fitted shelf that can double as a desk and a storage shelf. For safety of staff the shelf is securely fixed so it can not be used as a weapon. There is also a space at the head of the bed on which items can be placed for storage. As a result, the Prison Director has issued a directive that all prisoners under directed segregation must be housed in the Cedar Unit separates cells in the future. Although the Cedar Unit separates cells are the most compliant with Schedule 2 Part B, there are no power outlets in the cells; this is a design feature that provides a safer environment for both prisoners and staff. As you are aware, the Prison Director, as delegated by the Chief Executive, may approve the use of non-compliant cells for prisoners who are subject to a segregation direction, if they are satisfied that it is not practical in the circumstances to avoid using those cells for that purpose. I have enclosed a copy of the signed approval enabling the Cedar Unit separates cells to be exempt from compliance with Schedule 2 Part B. Please note that Schedule 2 Part B also states that directed segregation cells should contain privacy screening consistent with safe custodial management. The Department takes issues of privacy very seriously; however, we do not consider that screening around the toilets in the Cedar Unit separates cells would enable our staff to manage these prisoners safely. Prisoners on segregation directions can exhibit extremely challenging, threatening and abusive behaviour. An unobstructed view of all parts of the cell is necessary to deter prisoners from creating weapons, attempting to escape and assaulting staff. b. Cameras should not cover the toilet/shower area. The Department places great importance on managing prisoners safely, humanely and with dignity. The separates cells contain cameras that can view both the shower and the toilet. As noted above, the prisoners detained in these cells are extremely challenging with threating, abusive and violent behaviour. These cameras are also necessary to deter prisoners from creating weapons, attempting to escape and assaulting staff. Furthermore, the footage can provide evidence of a prisoner s actions; this evidence can be used to hold them to account and to protect staff from unfounded allegations. Please note that the cameras are not constantly monitored. They can be viewed in real time when a staff member in the Guard Room or the Master Control Room has specific concerns about a prisoner, or the footage can be reviewed retrospectively following an incident. The Prison Director has provided an assurance that, when a camera or footage from the separates cells needs to be reviewed and it is reasonably believed that the footage will incorporate a prisoner showering or using the toilet, a staff member of the same sex will do so where possible. However, there may be exceptions in emergency situations. c. Privacy screening should be installed around toilets.

8 Page 8 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman As noted above, the Department does not consider that screening around the toilets in the separates cells would enable our staff to manage these prisoners safely. d. The prisoner information kiosks (in Hautau Unit) need to be in working order. Tongariro/Rangipo Prison staff have completed an audit of all prisoner information kiosks on site and submitted maintenance requests for any kiosks identified as in need of repair. The Prison Director has also issued a directive to remind staff that kiosks are to be assessed daily as part of standard facilities checks to ensure that they are regularly maintained and in good working order. e. Every effort should be made by local management to find employment for the prisoners in the Units. This is a repeat recommendation. The Department s ultimate goals are to protect the safety of the public and reduce reoffending. As you may be aware, the escape of was a serious incident. Following s 9(2)(a) the escape, we carried out an urgent operational review of the incident and made a number of changes to the management of prisoners outside the secure perimeter of the prison. This includes changes to: temporary release, including the Release to Work (RtW) programme; external self care units and Whare Oranga Ake; external work parties (on and off prison property). Advisory Board Panels have also been established to provide advice to Prison Directors on the suitability of eligible prisoners who apply for rehabilitation and reintegration activities outside the secure perimeter of the prison, including employment activities. The advisory panels comprise of staff from the Department, external agencies and community representatives who will provide advice to the Prison Director to enable them to collect and clarify information and provide different perspectives relevant to their decision. We have also issued new guidelines on the suitability and risk assessment process for the management of prisoners outside the secure perimeter of the prison. The new guidelines will remain in force until the Prison Operations Manual has been reviewed or the Chief Executive revokes them. We recognise that employment initiatives outside the secure perimeter of the prison can be highly beneficial for prisoner reintegration. The new changes will ensure that these benefits are consistent with the safety of the public. s. 6(c) As you are aware, Tongariro/Rangipo Prison does as a result, the new changes have impacted on the number of prisoners who are suitable for employment activities outside the units. However, the site is currently undergoing infrastructure developments which will ensure that a significant number of prisoners will be able to partake in employment, rehabilitation and education activities at the site in the future. s. 6(c) These developments include a visits centre, and training workshops.

9 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 9 A new training centre is currently being built next to Cedar Unit to provide prisoners with training and employment opportunities. A search facility is also being built in the Cedar Unit sally port to enable prisoners to be thoroughly searched on returning to the unit, reducing the risk to the safety of staff and prisoners. The unit has also recently commissioned a new computer suite. A Farm Training Facility has already been built within the perimeter fence (currently under construction) located at the Northern end of the new perimeter; this facility will have two s. 6(c) classrooms. A further training centre has been built on the farm These facilities will have three classrooms and will also allow eligible prisoners to access the 800 acre farm to complete practical training. While these infrastructure improvements are underway, the Prison Director has provided an assurance that as many prisoners as possible will have access to employment activities within the units; these activities include cleaning, grounds maintenance, kitchen catering (Hautu Unit), laundry, sewing (Hautu Unit), and a new initiative where prisoners repair bicycles and donate them to the community (Hautu Unit). Thank you for providing a copy of your report and the considered findings. I trust the information provided is of assistance.

10 Page 10 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Facility Facts Tongariro/Rangipo Prison (the Prison) Significant redevelopment work is underway on the Tongariro site with enhanced security and rehabilitative options. The Rangipo facilities (Birch Unit, Rangipo North and West and Tongariro South) will all be closed by September While the prison will be smaller (300 beds), the capital investment programme should substantially extend the useful life of the prison while allowing the Department to retire those parts of the prison that do not best meet requirements 2. s. 6(c) At the time of the visit, a s. 6(c) on the Tongariro site: ; along with a new gatehouse, visitors centre and staff facility. Redevelopment of the site should be completed by September Region The Prison is part of the Corrections Service Central Region. Operating capacity Currently 540; this will reduce to 300 once the redevelopment programme is complete. Prison Director Dennis Goodin Regional Commissioner Terry Buffery Last inspection Announced Inspection - November 2012 (Cedar Units only). 1 2 Birch Unit and Tongariro South were not in use at the time of the visit. Lifting Productivity & Performance in New Zealand s Prisons Final Decision Document, May 2015.

11 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 11 The Visit 8. Tongariro/Rangipo Prison (the Prison) was visited on 11 June The visit was conducted by Chief Inspector Jacki Jones. 3 Visit methodology 9. The following information was provided during and after the visit: - Number of prisoners on directed segregation for the period December 2014 June A selection of segregation paperwork. - Muster on the day of the visit - Working Prisons Performance Report May Weekly schedule for MFU - Selection of internal photographs - Number of prisoners in work/programmes (on the day of the visit). 10. At the commencement of the visit the Chief Inspector met with the Prison Director before being shown around the site. On the day of the visit there were 281 prisoners in Tongariro and 115 in Rangipo; a total of 396 prisoners. 11. The following areas were examined on this occasion to determine whether there had been torture or inhuman or degrading treatment or punishment, or any other issues impacting adversely on detainees 4. Treatment Torture, or cruel, inhuman or degrading treatment Directed segregation Prisoner s views on treatment Material conditions Accommodation Sanitary conditions Food 3 4 Acting under delegated authority from the National Preventive Mechanism (NPM) Chief Ombudsman and Ombudsman. Our inspection methodology is informed by the Association for the Prevention of Torture s Practical Guide to Monitoring Places of Detention (2004) Geneva, available at

12 Page 12 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Activities and communications Outdoor exercise Leisure activities Access to visitors/communications. Recommendation from previous report 12. The Chief Inspector followed up on one recommendation made following an inspection in November 2012, which was: - Every effort should be made by local management and/or Corrections Inmate Employment (CIE) to find employment for the prisoners in the Units. 13. This will be addressed in the body of the report. Evidence 14. In addition to the documentary evidence provided during and after the visit, the Chief Inspector spoke with staff and prisoners across the site. None of the prisoners sought interviews themselves. 15. The Chief Inspector also inspected records, was provided with additional documents upon request by the staff and observed the facilities and conditions. Treatment Torture or cruel, inhuman or degrading treatment 16. There was no evidence that any prisoners had been subject to anything that could be construed as torture, or cruel, inhuman or degrading treatment or punishment. Directed segregation Record keeping 17. There were no prisoners on directed segregation at the time of the visit. In the previous six-month period there had been 44 prisoners placed on directed segregation, an average of just under two a week. The number of segregation directives for this period was more than double that in our 2012 report, sixteen. 18. With the exception of one missing signature, the paperwork was completed and signed within the required time frames, with copies provided to the prisoners. The standard of record keeping was good.

13 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 13 Accommodation 19. The Prison has no management unit and therefore, prisoners on directed segregation are generally located in a punishment cell. 20. Corrections Regulation 2005, specifically Schedule 2, Part B, entitled Items and Features of cells for segregated prisoners, provides that a cell used for the accommodation of a prisoner subject to a segregation direction issued under section 58, 59 or 60(1)(a) of the Corrections Act, so far as is practicable in the circumstances, have the following: a power outlet, privacy screening and shelving and storage for authorised property. None of the punishment cells on this site have any of the specified features. Hautu Unit 21. Hautu Unit has four punishment cells located at the rear of the building. Each cell has a mattress (on a concrete plinth) and a toilet with hand washing facilities. Cells were warm and had some natural light above the door. All cells, including the toilet area, are monitored on camera. 22. There are two external yards and a small shower facility which prisoners can access during the day. 23. Although clean and tidy, the punishment block is dated and no longer fit for purpose. Cedar Unit 24. Cedar punishment unit, a more modern facility, was purposely designed and only has the necessary features required to accommodate prisoners serving a penalty of cell confinement. There are three cells each with adjoining yards, and en-suite facilities which are monitored on camera (see appendix 1). 25. Cells were warm, had natural light and a means of calling for assistance. Privacy concerns 26. The ability of prison staff to access footage of naked male prisoners in the shower or undertaking their ablutions is of great concern to me and I consider this to be seriously degrading treatment or punishment. Prisoners views on treatment 27. The Chief Inspector spoke with a number of prisoners across the site. Generally, prisoners spoke positively about the Prison and the staff within their units. Interactions between staff and prisoners were respectful. 28. Prisoners said they can access daily showers and clean clothing and bedding on a regular basis. 29. There were no complaints about the quality or quantity of food, access to fresh air or recreational activities.

14 Page 14 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman 30. Prisoners seemed to have a good understanding of the complaints process including accessing the Prison Inspectorate and Ombudsman s Office. 31. The only complaint raised by the prisoners (and staff) was the lack of employment. Recommendations - treatment a. Accommodation for prisoners on directed segregation should meet the Departments Management Unit standards. b. Cameras should not cover the toilet/shower area. c. Privacy screening should be installed around toilets. Material conditions Accommodation 32. The Prison has three medium to minimum security units. Hautu Unit, the largest unit in the country can house up to 120 prisoners; Cedar One and Two and the MFU can each hold 60 prisoners. All cells have en-suite toilet and hand washing facilities. 33. Each unit has their own recreation room(s), laundry facilities, gymnasium and nurse s station. Prisoner information kiosks in Hautu unit were not working. 34. Units and cells were clean, tidy and well maintained with good cell standards and minimal graffiti observed. 35. Cells adapted for prisoners with a disability were viewed in Cedar Unit. 36. The new transit station provides secure facilities for prisoners in transit to other establishments. Prisoners are temporarily housed in holding rooms where they can attend to their ablutions and receive refreshments before carrying on with their journey. Although holding rooms were monitored on camera, it was pleasing to see privacy screening around toilet facilities (see appendix 1). Sanitary conditions 37. All mainstream cells have their own toilet (with privacy screening) and hand washing facilities. Sufficient showers are located in each unit to accommodate the number of prisoners being detained. Food 38. Article 20(1) of the United Nations Standard Minimum Rules for the Treatment of prisoners provides that Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of

15 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 15 wholesome quality and well prepared and served. Section 72 of the Corrections Act requires food to be sufficient and wholesome. 39. Breakfast is served at 7am. Lunches (sandwiches) are given out at noon and the evening meal at 5pm. Prisoners are required to eat their breakfast and dinner in the dining room. Each unit has their own dining facility. 40. The lunch time meal was observed and appeared to be sufficient in quantity and reasonably well presented. It was pleasing to see meals being served within normal times. Recommendations material conditions d. The prisoner s information kiosks should be in working order. Regimes, activities and access to visitors Outdoor exercise/leisure activities 41. Under sections 69(1)(a) and 70(1) of the Corrections Act 2004, prisoners (other than those engaged in outdoor work) are entitled to a minimum of an hour of physical exercise, in the open air if the weather permits. This reflects article 21(1) of the United Nations Standard Minimum Rules for the Treatment of Prisoners. 42. All three units have a large grassed area in the middle of the compound where prisoners can play touch, volleyball, walk or simply relax. All external areas were well maintained, had adequate seating and shaded areas. 43. Pool tables, library facilities, T.V room(s) and a gymnasium are available in each unit. 44. Due to the extended unlock hours prisoners are able to access a range of leisure activities throughout the day. Hours of unlock across the site are from 6.30am until 8pm Monday through Friday, 13.5 hours daily; slightly less on the weekend. 45. The Chief Inspector had no concerns with prisoners access to daily fresh air and leisure activities. Employment opportunities 46. Following our 2012 visit, we recommended that prison management and/or Corrections Inmate Employment (CIE) find employment for the prisoners (in Cedar One and Two). 47. Prior to November 2014, outside employment for prisoners had significantly increased s 9(2)(a) across the site. The escape of a high profile offender from in early

16 Page 16 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman November saw the suspension of all temporary releases (unless for exceptional reasons) across all sites On the day of the visit, there were 20 prisoners in employment or on a programme in Cedar One and Two Unit, 41 in Hautu Unit and 27 in the MFU; a total of 88 prisoners (31 per cent). This can be broken down into: Table 1: Employment/programmes in Tongariro/Rangipo Prison Muster Prisoners employed Prisons on programmes Hautu Unit Cedar One and Two Unit MFU Total While most prisoners accepted the rationale for tighter controls around temporary release and temporary removal, it did not ease their frustrations regarding the lack of employment opportunities. 50. Upon completion of the redevelopment work (September 2015), prisoners in the Cedar s. 6(c) Units will have access to a new trade training facility which should create employment and training opportunities while reducing the security risks associated with working outside the wire. 51. A new farm training facility (inside the wire) will provide up to 24 training places for prisoners across the site. 52. The concept of a working prison is based on a structured environment where all prisoners take part in some form of work, education or rehabilitation programme 6. Tongariro/Rangipo Prison has some way to go before it achieves this goal. The new facilities coming on stream later in the year should go some way to meeting this challenge. We will return to the Prison once the redevelopment project has been completed. 5 6 Temporary release where an offender is temporary released from custody on a license. Temporary removal where an offender is escorted and supervised by a Corrections, Probation or Police Officer during a period away from the prison. RR25% Reducing Re-offending Strategy , Department of Corrections.

17 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 17 Access to visitors/external communications 53. The minimum lawful entitlement to visitors under section 72(1) of the Corrections Act 2004 is at least one private visitor each week for each prisoner, for a minimum duration of 30 minutes, subject to any regulations. This does not limit visits of legal advisers. 54. Visits take place in the units (communal room) on the weekends. There were no complaints about prisoners having access to visitors. 55. Prisoner telephones are located next to the unit guardroom. Prisoners can access them during the hours of unlock. There were no complaints about prisoner access to the telephones. 56. Prisoners can send and receive mail. Recommendations regimes, activities and access to visitors e. Every effort should be made by local management to find employment for the prisoners in the Units. This is a repeat recommendation. Acknowledgements 57. I appreciate the full co-operation extended by the Managers and staff to the Chief Inspector during her visit to the Prison. I also acknowledge the work that would have been involved in collating the information sought by the Chief Inspector. Dame Beverley Wakem DNZM, CBE Chief Ombudsman National Preventive Mechanism

18

19 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 19 Appendix 2: Overview of OPCAT Prisons 1. In 2007 the New Zealand Government ratified the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The objective of OPCAT is to establish a system of regular visits undertaken by an independent national body to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. 2. The Crimes of Torture Act 1989 (COTA) was amended by the Crimes of Torture Amendment Act 2006 to enable New Zealand to meet its international obligations under OPCAT. Section 16 of COTA identifies a place of detention as: any place in New Zealand where persons are or may be deprived of liberty, including, for example, detention or custody in (a) (c) a prison a court cell. 3. Pursuant to section 26 of COTA, an Ombudsman holding office under the Ombudsmen Act 1975 was designated a National Preventive Mechanism (NPM) for certain places of detention, including prisons and court cells. 4. Under section 27 of COTA, an NPM s functions, in respect of places of detention, include: a. to examine, at regular intervals and at any other times the NPM may decide, the conditions of detention applying to detainees and the treatment of detainees; and b. to make any recommendations it considers appropriate to the person in charge of a place of detention: i. for improving the conditions of detention applying to detainees; ii. iii. for improving the treatment of detainees; for preventing torture and other cruel, inhuman or degrading treatment or punishment in places of detention. 5. To facilitate the exercise of their NPM functions, the Ombudsmen have delegated their powers to inspect places of detention to Inspectors (COTA). This is to ensure that there is a clear distinction between the Ombudsmen s preventive monitoring function under OPCAT and the Ombudsmen s investigation function under the Ombudsmen Act. 6. Under COTA, NPMs are entitled to: a. access all information regarding the number of detainees, the treatment of detainees and the conditions of detention; b. unrestricted access to any place of detention for which they are designated, and unrestricted access to any person in that place;

20 Page 20 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman c. interview any person, without witnesses, either personally or through an interpreter; and d. choose the places they want to visit and the persons they want to interview.