Report on an unannounced inspection of Corrections Service Manawatu Prison (B block) Under the Crimes of Torture Act 1989

Transcription

1 COTA Report Report on an unannounced inspection of Corrections Service Manawatu Prison (B block) Under the Crimes of Torture Act August 2013 Dame Beverley Wakem, DNZM, CBE Chief Ombudsman National Preventive Mechanism

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3 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 1 Contents Executive Summary 3 Background 3 Follow-up recommendations 3 General findings Further recommendations 8 Prisoner questionnaire (B block) 8 Consultation 9 Corrections Services comments 9 Acknowledgements 10 Appendix 1: Prisoner questionnaire results 11 Appendix 2: Overview of OPCAT Prisons 23

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5 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 3 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 29 August 2013, Chief Inspector Greg Price and Inspector Jacki Jones (to whom I have delegated authority to carry out visits of places of detention under COTA) 1 made an unannounced visit to Manawatu Prison (B block) to follow up on visits made in May 2010 and June We note that the acting Prison Manager is well motivated and proactive and there have been improvements in several areas. There remain areas which need addressing including recommendations from previous visits that have not yet been implemented. 4. There were six recommendations made following the visit in June 2011 (of which four were repeat recommendations from the May 2010 visit). The six recommendations made were: Follow-up recommendations Recommendation one: Cleaning schedules for B block need to be drawn up and implemented to ensure the showers and toilets remain clean and free from mould. Department response August 2011: I accept this recommendation. The prison site will be taking the following actions to raise the standard of hygiene and sanitation across the whole site: - assign designated areas to staff for the purpose of assessing the cleaning actions required - identify and procure necessary cleaning equipment and supplies - appoint prisoners to complete cleaning (under staff supervision) - review current cleaning practices across the site 1 2 Acting under delegation of the National Preventive Mechanism (NPM) Chief Ombudsman Dame Beverley Waken and Ombudsman Professor Ron Paterson 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

6 Page 4 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman - review site cleaning equipment, storage, and supplies - review prisoner cleaning positions (distribution and selection process) - design and implement compliance and monitoring framework for continued maintenance of hygiene and sanitation standards. Progress since last visit Achieved 5. Showers and toilets have been repainted and were reasonably clean and tidy. Due to its age and design, B block will always appear inferior to C block, however, considerable effort has gone into improving the conditions in the bathroom areas. 6. The Acting Prison Manager informed us that further refurbishment of B block ablutions, including new flooring and stainless steel benches, has been approved, but no completion date as yet. Recommendation two: All cells in B block, including the Safe Cells, should be redecorated and missing fixtures and fittings replaced. Department response August 2011: A report has been obtained regarding the current status of fixtures and fittings of all cells in B Block and a refurbishment plan will be developed to redecorate and replace the missing fixtures and fittings. The painting work is expected to commence in August Quality checks will be incorporated into the refurbishment action plan. Progress since last visit Achieved 7. All the cells observed including the Safe Cells appear to have been recently painted and were reasonably well maintained. There was minimal graffiti and cells were of a good standard. Recommendation three: Privacy screens need replacing in B block double-bunked cells or the bunks moved further away from the toilet area. Department response August 2011: Funding approval is currently being sought for the fitting of the new/improved privacy screens in some of the double bunked cells. The Department is investigating if all the double bunked cells in the B block at Manawatu Prison can have the privacy screens replaced due to the physical constraints of some of the cells (pre-1999). The privacy screens may also make it difficult for prisoners to be observed by staff from outside the cell. Progress since the last visit Not Achieved

7 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 5 8. We are concerned that the privacy screens had not yet been replaced (this is in spite of recommendation 3 being a repeat recommendation from May 2010 and June 2011). The Acting Prison Manager did however confirm that privacy screens were on the list of required modifications (although no date was confirmed). Investigations are underway to identify the most suitable type of screen for these particular cells. Recommendation four: The day rooms and dining rooms in B and C block need to be reinstated for their intended purpose. Department response August 2011: The day rooms in B block have never been used as a dining room as these are not suitable for dining use. Prisoners use these areas during adverse weather conditions for recreation purposes. In C block, wing two prisoners have started using the dining room from 1 August Progress since the visit Partially Achieved 9. B block prisoners are still required to eat all meals in their cell however, preparations for the opening of a second dining room in C block was imminent. Recommendation five: The exercise yards in B block and the pound need to be refurbished with adequate seating, shelter, toilet and telephones for the number of prisoners. Department response August 2011: An assessment plan has been requested from Spotless who are the company the Department has contracted for total facility management. The assessment plan will be used to prioritise and schedule the refurbishment actions. Progress since the visit Achieved All yards have new seating and a working telephone and were clean, tidy and free from graffiti. A basketball and rugby ball was located in each yard. Recommendation six: The quality of prisoners lunches (sandwiches) needs to improve. Department response: I accept that the presentation of the sandwiches was poor and improvement is urgently required. The findings have been raised with the relevant managers along with further communicating on improving standards of food preparation and presentation. The regional catering managers have been informed to ensure that: - bread is buttered correctly, including to the edges

8 Page 6 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman - all sandwich filings meet the correct entitlements and are spread correctly - regular checks of prisoner meal preparation are conducted - during staff meetings, prisoner meal quality is a regular agenda item - Catering Instructors increase supervision during sandwich preparation. Catering Instructors review induction/training methods for new prisoners placed into food preparation. The Department is currently reviewing prisoner meals and this review is expected to be completed in September Progress since the visit Achieved 10. Upon checking, the quality of the sandwiches appeared to have improved although just under half of prisoners surveyed (45 per cent) said the food was bad or very bad while twenty nine per cent of prisoners said the food was good. 11. Prisoners informed the inspectors that breakfast was received (all meals are taken in cells) between 8.15 and 8.30am. Lunches (sandwiches) are given out between am and the evening meal between 3.30 and 4pm. The lunches had already been distributed when the inspectors enquired at 11.10am. 12. There is a lengthy period between the evening meal being served and breakfast being received (even though two slices of bread and butter or a piece of fruit are provided for supper) which is not desirable. 13. In the further comments section at the back of the prisoner questionnaire portion sizes was raised as an issue by several prisoners (see page 20). General findings Use of force 14. There were seven incidents of force used for the period 1 May 30 August Paperwork for five incidents was examined and appeared to be lacking in some areas. Two sets of paperwork could not be located. The acting Prison Manager has assured us that she is aware of issues in this area and has assembled a dedicated team of six staff tasked with managing the use of force process including reviews, de-briefings, timeliness and record keeping. 15. Four staff were out of date with their control and restraint refresher training however, inspectors were advised that they had injuries which precluded their involvement in the training. Inspectors were advised that they would be trained as soon as they were fit.

9 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 7 Segregation 16. The unmanned segregation facility (three cells) is just outside B block and more commonly known as the pound. It has its own shower/toilet facilities and three small external yards. There were two prisoners in the segregation unit on the day of the visit. Both prisoners were serving cell confinement following a misconduct hearing. 17. When asked, both prisoners said they have daily access to the yards but were unsure for how long. 18. Staff said there was no written log of when prisoners go out in the yards or if they decline an offer to go outside. Neither is there a record of access to the shower facilities, telephone and visitors. The same applies to prisoners in the safe cells and maximum security cells. Misconducts 19. For the period 2 November February 2013 (being the period during which Justice Brewer ruling on 3 July 2013 identified the Corrections Service No-Smoking Policy being unlawful and invalid) there were 188 misconducts across the site. Forty misconducts made reference to a prisoner having a smoking related article in their possession (just over 21 per cent). Despite the Justice Brewer ruling that any prisoners so affected were entitled to some relief, no action seems to have been taken in correcting the prison records (prison punishment book, IOMS etc). Complaints 20. There were 12 complaints lodged in the Unit for the period 29 May 16 August The complaints relate to four prisoners. Complaints can be broken down into the following categories: 3 Other 1 Prisoner prison work and pay 2 Discipline and misconduct 2 Health service 1 Transfers and movements 2 Staff conduct and attitude 1 Prison conditions 21. All the complaints had been responded to within the required time frames with appropriate responses. 22. Blank complaint forms could be found in pigeon holes round the Unit.

10 Page 8 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman 23. Just over half the respondents surveyed (56 per cent) said they had not made a complaint. However, of the 41 per cent who had, 28 per cent did not feel they were dealt with fairly and 38 per cent did not feel they were dealt with promptly. Bedding and clothing 24. The Inspectors received many verbal complaints about the lack of bedding and suitable clothing in the Prison. Furthermore, when surveyed 82 per cent said they were not offered enough clean, suitable clothing for the week and 91 per cent said they did not normally receive clean sheets every week. 25. Inspection of the clothing store found a relatively empty cupboard with limited clothing and no sheets. Clothing and bedding is laundered at Whanganui Prison but does not always get returned, leaving Manawatu Prison short. 26. The Prison Manager is aware of the situation and putting in measures to address the problem. Further recommendations 27. I recommend that: a. Privacy screens need replacing in B block double-bunked cells (this is a repeat recommendation). b. The prison needs to conduct an urgent review of its record keeping to ensure there is a comprehensive written log of use of force incidents, minimum entitlements; 1 hour daily exercise, access to showers, telephones and cleaning material for those prisoners in the segregation unit, safe cells and maximum security cells. c. Prison management needs to put in place urgent measures to ensure that prisoners have access to clean sheets on at least a weekly basis and sufficient clean and suitable clothing. d. All prisoners identified as having been affected by the Brewer Judgment need to be identified and some relief offered. Prisoner questionnaire (B block) 28. On 9 September 2013, Inspector Greg Price administered a questionnaire to prisoners in B block. The prisoner questionnaire was designed to give the NPM a snapshot of how prisoners felt they were being treated in prison. Prisoners were surveyed as part of the follow-up process. The results of the questionnaire can be found in appendix one. 29. Completion of the questionnaire was voluntary 3. The Inspector spoke to groups of prisoners and explained the purpose of the survey. There were 70 prisoners in the Unit 3 Questionnaire is informed by Her Majesty s Inspector of Prisons (HMIP) prisoners questionnaire

11 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 9 on the day of the survey. The Inspector was able to distribute 57 questionnaires (just over 81 per cent). Thirty four completed questionnaires were returned (60 per cent); 22 remand prisoners and 12 sentenced (see appendix one). 30. Percentages have been rounded up and may not add up to 100 per cent. Consultation 31. 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. Corrections Services comments Thank you for the opportunity to respond to the findings from your unannounced inspection of Manawatu Prison (B block). I am pleased to note your report highlighted improvements in several areas. I also note that four of the six recommendations made in your previous report have been fully addressed. However, one recommendation was only partially achieved and one recommendation was not addressed. These two previous recommendations and the further recommendations made in the report are detailed below. a. The day rooms and dining rooms in B and C block need to be reinstated for their intended purpose (partially achieved). As of 4 November 2013, prisoners have the opportunity to have their meals in the CB block dining room. The CA dining room has already been in use for some time. b. Privacy screens need replacing in B block double-bunked cells (this is a repeat recommendation). The Department will start work on replacing privacy screens in the B Block Manawatu Prison in early December with an expected completion date of 20 December. Any additional screens required will be completed early in the New Year. c. The prison needs to conduct an urgent review of its record keeping to ensure there is a comprehensive written log of use of force incidents, minimum entitlements; 1 hour daily exercise, access to showers, telephones and cleaning material for those prisoners in the segregation unit, safe cells and maximum security cells. Use of Force: Manawatu Prison has appointed a team of six dedicated staff to manage the use of force process. A new process including debrief templates and incident checklists has been implemented to improve record keeping. In addition to this, a training day has been arranged for debriefing staff in early December This training will also focus on interviewing techniques.

12 Page 10 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman The Prison Manager has confirmed that documentation and record keeping for use of force has improved since the implementation of the new process. Minimum Entitlements: Work is in progress to implement processes and templates to improve record keeping of minimum entitlements for prisoners on directed segregation. A recreation area has already been assigned specifically for prisoners on directed segregation. The Quality and Performance team is currently providing assistance in this area to ensure compliance with policies and procedures. d. Prison management needs to put in place urgent measures to ensure that prisoners have access to clean sheets on at least a weekly basis and sufficient clean and suitable clothing. Full replacement of sheets and clothing have been purchased and distributed across the site. The prison is currently developing a process for ongoing replacement of dirty and damaged sheets and clothing. These processes will be developed by the end of November e. All prisoners identified as having been affected by the Brewer Judgement need to be identified and some relief offered. The Department acknowledges this recommendation. However, this issue is currently being discussed with the Chief Ombudsman as a separate process in regards to all prisons. Until this process is conducted, the Department cannot comment on any future actions that may be taken. Thank you for your report and the considered findings. I trust that this information is helpful. Acknowledgements 32. I appreciate the full co-operation extended by the manager and staff to the Inspectors in collating the paperwork and responding to queries, promptly. Dame Beverley Wakem DNZM, CBE Chief Ombudsman National Preventive Mechanism

13 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 11 Appendix 1: Prisoner questionnaire results Prisoner questionnaire Manawatu Prison B block 9 September 2013 Monitoring places of detention under the Crimes of Torture Act 1989 (Optional Protocol to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment - OPCAT)

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15 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 13 Section 2: Respectful Custody Q2.1 Please answer the following questions about the wing/unit you are currently living on: Yes No Don t Know Are you normally offered enough clean, suitable clothes for the week? 15% 85% Are you normally able to have a shower every day? 82% 12% 6% Do you normally receive clean sheets every week? 9% 91% Do you normally get cell cleaning materials every week? 71% 29% Can you normally get your stored property, if you need to? 38% 38% 24% Q2.2 What is the food like here? Very good Good Neither Bad Very bad 28% 24% 24% 24% Q2.3 Is it easy or difficult to get a complaint form (PCO1): Very easy Easy Neither Difficult Very difficult Don t know 3% 9% 15% 32% 26% 15% Q2.4 Have you made a complaint? Yes No 44% 56% Q2.5 Please answer the following questions concerning complaints (If you have not made a complaint please tick the not made one option) Not made one Yes No Do you feel complaints are dealt with fairly? 56% 15% 29% Do you feel complaints are dealt with promptly? (within three days) 56% 12% 32%

16 Page 14 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Section 3: Safety Q3.1 Have you ever felt unsafe in this prison? Yes No 50% 50% Q3.2 Do you feel unsafe in this prison at the moment? Yes No 24% 76% Q3.3 In which areas of this prison do you/have you ever felt unsafe? Mainstream Pound All over really Wing 3 and 1 C Block Over Wing 1 and Wing 3 Yard Gym B Block Just in the yards and shower yards All over Showers In prison itself Yard and with the officers Q3.4 Have you been victimised by another prisoner or group of prisoners here? Yes No 35% 65% Q3.5 If yes, what did the incident(s) involve/what was it about? (Threats of killing me/being spit on/assaulted) (Helping staff with information) (Ego based bullying and threats) (Drugs) (People just trying to be cool and stand over you because there bigger than you.) (Gangs) (Fighting) (Things on outside.) (Washing) (Just because I m white and have money. And not in a gang.) Q3.6 Please answer the following questions about staff in this prison? Yes No Is there a member of staff you can turn to for help if you have a problem? 56% 44% Do most staff treat you with respect? 56% 44%

17 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 15 Section 4: Health Q4.1 How easy or difficult is it to see the following people: Don t know Very easy Easy Neither Difficult Very difficult The doctor 18% 3% 18% 3% 38% 21% The nurse 15% 9% 32% 9% 26% 9% The dentist 35% 3% 3% 9% 21% 29% The optician 47% 3% 15% 15% 21% Q4.2 What do you think of the quality of the health service from the following people: Don t know Very good Good Neither Bad Very bad The doctor 34% 9% 24% 15% 6% 12% The nurse 3% 18% 38% 24% 12% 6% The dentist 44% 6% 18% 12% 9% 12% The optician 50% 3% 12% 21% 9% 6% Q4.3 What do you think of the overall quality of the health services here? Not been Very good Good Neither Bad Very bad 3% 9% 26% 29% 21% 12% Q4.4 Do you have a physical disability? Yes No 32% 68% Q4.5 If yes, please state what the disability is: s 9(2)(a), s 9(2)(ba)(i)

18 Page 16 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Q4.6 Do you feel you have any emotional well being/ mental health issues? Yes No 24% 76% Q4.7 If yes, what emotional/mental health issue do you have? s 9(2)(a), s 9(2)(ba)(i)

19 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 17 Section 5: Purposeful Activity Q5.1 Are you currently involved in any of the following activities? (Please tick all that apply) Prison job 9% Vocational or skills training 6% Education (including basic skills) 9% Offending behaviour programmes CIE employment 3% Release to work Not involved in any of these 68% Q5.2 How often do you use the library? Don t want to use it Never Less than once a week Once a week More than once a week 6% 59% 26% 6% 3% Q5.3 On average how many times do you go to the gym each week? Don t want to go 0 1 to 2 3 to 5 More than 5 Don t know 6% 44% 35% 6% 3% 6% Q5.4 On average how many times do you go outside for exercise each week? Don t want to go 0 1 to 2 3 to 5 More than 5 Don t know 9% 6% 9% 41% 32% 3% Q5.5 On average how many hours do you spend out of your cell on a weekday? (Please include hours at education, at work, showers etc Less than 2 hours 2 to less than 4 hours 4 to less than 6 hours 6 to less than 8 hours 9% 29% 53% 9%

20 Page 18 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Q5.6 Have you had any problems with sending or receiving mail? Yes No 44% 56% Q5.7 Have you had any problems getting access to the telephones? Yes No 44% 56% Q5.8 How many visits do you receive in a week? More than 1 53% 38% 9% 4 Percentages have been rounded up and may not add up to 100 per cent

21 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 19 Any further comments (as written) Positive: Thank you for coming in and seeing us. Nil concerns. No have a lovely day keep it real P.E.A.C.E MWAH XXOO HAHA The youth is not too bad. Write to me hahaha Thak you for askin. Negative: Staff im not very happy with the way im being treated here by staff im sick of the snide remarks and threats about if I make a complaint ive done 2 pc.01 complaints and ive had a verble threat from 2 staff members if I do anymore p.c.01 forms they will have inmates bash me up what can I do im in fear of my safety but im not going to stand for it could I please be seen by an ombudsmen or inspector some one I can trust I don t want to talk to any of the unit staff cos I do not trust them thank you for your time. Staff are meant to conducting cells searches before we go in them and they don t then when cell searches are done they are finding stuff in cells and charging people that have just occupied the cells. Sentence planners are never available to reach and never come to see us to help us find programmes on the outside for parole. Some of the guards are very good. Others are out to just make life difficult. Some of the staff are ass holes and bullys push us around sick of it and sum of the staff are grate. When spat on by mainstreamers walking to opposing yard staff do nothing. Unable to get to phones to make lawyer calls often. Our safety in this prison is really bad if I told my staff about and nothing was done. Find that miss?? makes unessery smark remarks, I feel corrections officers treat inmates like shit like were guilty also favouritisum over other inmate. The staff are good it s the people at the top!! Visits Visits our visits start at 3pm and finish at 4pm. The officers don t come to inform us until about 3.10pm. On nurmourse accasin. By the time we get to the visit centre it is about 3.15pm which only leaves us with 45 minutes with our familys.

22 Page 20 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman We get visits on Saturdays 3 til 4pm officers only get to our block at about 3.10pm an 5 mins to get there which means we only get 45 mins with our familys this has occurred more then a handful of times Clothing/Bedding/Hygiene Beddings. We are having trouble with getting bedding ever week. I can honestly say that I have had my bedding for over a month. When ask for a change the reply is always theres none. Kit gear (clothing). We don t have enough clothing an are having to wear our dirty kit after shower cause of no clothing. When asking officers for clothing its always a theres none. And our washing days only happen onces a week. We don t get sheets changed everyweek they say theres none there we don t get pillows and clothes are hard to come by. We need new clothes and clothes for summer because people rip the pants to make shorts. I rekon we need to be able to get clean clothes more than once a week or even 2 weeks. Sometimes it depends wat staff are on. We should be able to do our own washing when we want not rely on some one else to do it. And sometimes you don t get everything back you sent. & laundry bags should be issued to every cell for hygene perposes the way the washing gets done here is disgusting. I would like to see more clothes for the inmate in B Block Wing 1,2,3, and 4 all have good clothes but not in B-Block ther is nothing over here bad bedding bad clothes!! Have not had clean sheets in 3 months, take days to get a single roll of toilet paper. When we do cell cleaning we are expected to use the cloths that other inmates use on their toilets to wipe our benches. I find it highly unhygienic yucky. There is no where near enough suitable cloth s for the week or at all. I ve been here for just under a year in B-block and it has not changed at all. I do have all my own clothing but some of the things I ve seen that people have been made to wear is just wrong better than nothing I know but is still wrong. Its even harder to get a good warm set of cloths if you ve white I m not sure why but that is strate up the way it is. I was doing all the washing for B-block but I had to stop doing it because I am white strate up they even told me that, that was why now how wrong is that? Gym Not very happy with the way we are not allowed access to gym equipment without access to these we are very abusive to staff. A gym is a constructive way to grow inside and out. Its just not fo physical growth but mental to. Its an exscape and their should be on in very Block. Also helps channel testosterone like energy into constructive output. Kan even bring options of learning and in turn will create job opportunities. Can help increase self-esteem and bring others closer. Creates team cohesion. I

23 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 21 am aware of the dangers of free weights but there are many options to self exercise. Also they have an invention call cable machines there is no excuse not to have them and should be encouraged. It is $ well worth spent for once. Don t get to go to gym really would like to. Open up the gym and get some better equipment people just end up get too fat and putting on the pies more exercise is needed and 4.00 o clock Rec should finish at 5.30 so we feel like normal people walking around near dark time. Gym equipment is shit and they don t open it anyway. More gym times and equipment. There is not enough gym time. We need more sporting equipment. Food Not enough food for the day I mean the weekend with 2 witbix my son eats more than that & he s 5 years old, for a grown man thought there would be more. I wish the food was more. Also pieces of bread a day is not nutritional benifiting at all. Everyone of us is deprived of nutrients in turn creating a range of mental even physical issues. The foods crap getting to feel sick when I think about pies on Sundays that aren t even cooked properly. Small portions. I know it is my doing of me coming to prison but to be honest I think the food is so disgusting and I think there should be at least two changes of the meals each year, I also think there should be salads once a week with the fish meals. Thank you. Lunch sucks need more sandwiches other than that bigger teas I mean we are starving they are so small lunch is like giving a hungry man a funckin cherry! I think we should get more for dinner/lunch. Food is decent but we don t get enough of it. We re growing boys. Especially if we re working out we need more fuel and much more protein. Even on P119s there aren t really options with a lot of protein. Some might say don t come to prison then! But honestly there are some of us that are downright innocent or set up. I m not a complainer I m just sick of being hungry and I m not growing as much as I should/could be. More food and better food more access to fruit whenever. Not enough food starving and the quality is very poor plus cant afford the prices on our p119 sheet. Your always hungry cas theres not enough food.

24 Page 22 Tari o te Kaitiaki Mana Tangata Office of the Ombudsman Medical I have been here in remand for a week now. I have not seen a doctor or a dentist. I had to pull my own tooth out. I continually ask for my smoke patches and as of yet received only 1 and 2 packs of lozenges. Don t see what the big deal is with taken our lozenges I understand if we are cought using our smoke patches for smokeing and taking our patches but why take the lozenges why not just take the patches. Trying to get to doctor but keep getting refused even if I m in pain a lot of pain. Various The jail is shit like the food and we need smoking back and the TVs to stay away from the jail gaveing them togs we need how owe tv and more money a week or the P19 to come down and more work or jobs for the long lags please. This no smoking policy is a joke, we never get our nicotine replacements and its just making all the inmates agitated and angry something needs to be done about it. I think we should have the right to be allowed to smoke cigarettes and I know a lot of the other inmates will agree with this. The problem is we have no say in the matter and all our complaints about this are discarded. So I hope something will be done and this isn t just another comment discarded. Take days and days and constant asking to get forms I m entitled to. Processing of all and any forms are very very slow! Need to speed things up! Need more workers in the prison! When we ask for a complaint form we never get them. This prison is shit they wont send me to main stream. Longer Rec on weekends. As remand/accused prisoner s we are still innocent until proven guilty, we have lack of communication with lawyers nor do we have access to proper materials to help us with our cases. There is not enough jobs There is not enough courses for remand accused if any at all!

25 Office of the Ombudsman Tari o te Kaitiaki Mana Tangata Page 23 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;

26 Page 24 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.