Report on an unannounced follow-up visit to Corrections Services Rimutaka Prison Upper Prison Under the Crimes of Torture Act 1989 13 September 2013 Dame Beverley Wakem DNZM, CBE Chief Ombudsman National Preventive Mechanism
P a g e 2 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 13 September 2013, Inspectors Greg Price and Jacki Jones (to whom I have delegated authority to carry out visits of places of detention under COTA) 1 made an unannounced visit to Rimutaka Prison to follow up on a visit in September 2013 which looked at the conditions and treatment for prisoners in the Upper Prison (Units three and four). Upper Prison (Units three and four) 3. There were seven recommendations made following the visit in September 2013 which were 2 : Recommendation one The Prison Manager should reinforce the P.C.01 complaint process with managers and staff to ensure prisoners have the opportunity to make a complaint without fear of repercussion or reprisals. Department response: All staff in the Upper Prison Units have been informed that although general complaints are to be managed at the lowest level, the PC.01 complaint process must also be utilised when appropriate. Staff have been informed that prisoners must be given the opportunity to make a complaint through the PC. 01 process if they wish to do so. All prisoners are informed on induction of the need for their behaviour to be of an acceptable standard. They are also informed that if their behaviour is unacceptable, their segregation status may be reviewed and their placement reconsidered. 4. We spoke with several prisoners and all but one confirmed that they could make a complaint using the P.C.O1 process if they needed to. 5. There were 10 complaints lodged in the Unit for the period 1 June 31 August 2013. Eight of the complaints related to three prisoners. Complaints can be broken down into the following categories: 1 Acting under delegation of the National Preventive Mechanism (NPM) Chief Ombudsman Dame Beverley Waken and Ombudsman Professor Ron Paterson 2 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 www.apt.ch
P a g e 3 3 Other 3 Request for information 1 Prisoner property 1 Temporary release 2 OIA/Privacy Act 6. All the complaints had been responded to within the required time frames with appropriate responses. Recommendation two In keeping with all the other units in the Prison, the Upper Prison cells should have curtains. Department response: Discussions are underway with Spotless on the best way to install curtains in the Upper Prison. Once an agreement is reached, curtains will be ordered and installed in the Upper Prison cells. It is anticipated that this will be completed within six months. 7. All cells now have curtains. Recommendation three The majority of the mattresses in the Units need to be replaced and there should be an auditable renewal process in place. Department response: The Upper Prison has mattresses in storage and the renewal process has already commenced. Prisoners who have medical problems and have a recommendation from Health staff have access to a second mattress. Checking the condition of mattresses is part of daily cell inspection and regular cell searches. 8. The mattresses observed appeared to be relatively new and prisoners said they could request a new mattresses at any time. 9. The Unit has set up a recycling process for old mattresses which not only saves the Prison money but provides work opportunities for several prisoners. Recommendation four The shower facilities in the Unit need to be upgraded without delay.
P a g e 4 Department response: A Refurbishment of the showers has been approved and upgrade work has commenced this week. Spotless contractors have already inspected the areas requiring repair work and confirmed materials have been received and the project is on target. 10. All the showers in the Upper Prison have been upgraded and were reasonably clean and well maintained. Recommendation five Exercise yards should have sufficient seating for the number of prisoners using them. Department response: Hexagonal shaped outdoor seats have been placed in the yards, ensuring sufficient seating is provided. 11. There was sufficient seating in all the yards. Recommendation six Prisoners should not be locked in their cells if they decline to go outside, or if exercise has been cancelled because of inclement weather. Department response: Routines will be altered within a month to allow extra wing time for all prisoners in the wing to assist them with their daily needs, association with other prisoners and to have more recreation time. Staff will still maintain oversight in this area and make changes as required Progress since the visit Partially Achieved 12. Prisoners are still locked in their cell if they decline to go outside, however, prisoners confirmed that they now have more association time. Recommendation seven There needs to be greater opportunities for prisoners to associate/have recreation in the Units, other than at meal times. This should include access to the gymnasium and library facilities. Department response: The unit Gymnasium is currently being cleared of all stored staff uniforms and will be made available for prisoner use. The Prison provides a weekly library
P a g e 5 service and prisoners are aware of the process of issue and return of library books. A Library catalogue is available in the wing and forms to order books are located in the wing office. Progress since the visit Partially Achieved 13. Whilst the time out of cell has increased, prisoners complained that they could not access the gym. 14. The gym, which is a great facility, has been cleared of stored uniforms. However, we were informed that it could not be used until the rowing machines had been repaired and the new exercise bikes had arrived. We consider this a wasted opportunity. Matters arising from the visits 15. Generally, all the prisoners spoken to were reasonably positive about the Unit and the staff working in there. They felt there was a staff member they could turn to if they had a problem and most staff treated them with respect. 16. Everyone we spoke with had employment or was on a programme and the Unit is currently preparing a room for prisoners to undertake art classes. 17. Prisoners stated that they could shower daily and access clean clothes and bedding on request. 18. There were no complaints about the food and prisoners said they could eat in the dining area if they wanted to. 19. Generally, the only complaint seemed to be the lack of access to the gymnasium. 20. The Unit was clean and tidy and free of graffiti. Cell standards were good. Summary of recommendations Recommendations 2013 I have no recommendations to make. Consultation 21. A draft copy of this report was provided to the Corrections Services National Office for comment as to fact, finding or omission prior to finalisation and distribution. Corrections Services comments have been included below.
P a g e 6 Corrections Services comments Thank you for the opportunity to provide a response to the findings from your report on an unannounced follow-up visit to Rimutaka Prison (Upper Prison). Your report does not make any recommendations and I am pleased to note that five of the recommendations made in the previous report have been fully addressed. Two recommendations, however, were only partially achieved. These are detailed below. a) Prisoners should not be locked in their cells if they decline to go outside, or if exercise has been cancelled because of inclement weather. The Department acknowledges that prisoners should be allowed maximum time out of their cells. However, it is not always possible to keep all prisoners unlocked if they decline to go to the yards. This is due to activities staff need to complete in the unit which includes unit cleaning, cell searching and other administrative work. The unit routines have been altered to allow prisoners extra time in the wing for association with other prisoners and to have more recreation time. In addition, as part of the daily routine, all prisoners have the opportunity to use the gymnasium for an hour regardless of the weather conditions. b) There needs to be greater opportunity for prisoners to associate/have recreation in the Units, other than at meal times. This should include access to the gymnasium and library facilities. As above, the unit routines have been altered to allow prisoners extra time in the wing for association and the gymnasium is now operational, with all prisoners having the opportunity to use it for an hour regardless of the weather conditions. Acknowledgements 22. I appreciate the full co-operation extended by the manager and staff to the Inspectors during their visit to the Prison. Dame Beverley Wakem DNZM, CBE Chief Ombudsman National Preventive Mechanism
P a g e 7 Appendix 1: Overview of OPCAT Prisons 1. In 2007 the New Zealand Government ratified a United Nations convention called the 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) a prison 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: to examine the conditions of detention applying to detainees and the treatment of detainees; and to make any recommendations it considers appropriate to the person in charge of a place of detention: o for improving the conditions of detention applying to detainees; o for improving the treatment of detainees; o 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 separation between the Ombudsmen s preventive monitoring function under OPCAT and the Ombudsmen s investigation function under the Ombudsmen Act by using separate visits and staff for each function.
P a g e 8 6. Under COTA, NPMs are entitled to: access all information regarding the number of detainees, the treatment of detainees and the conditions of detention; unrestricted access to any place of detention for which they are designated, and unrestricted access to any person in that place; interview any person, without witnesses, either personally or through an interpreter; and choose the places they want to visit and the persons they want to interview.