ANOTHER CONVENTION THAT NEEDS ATTENTION, THIS TIME THE CONVENTION AGAINST TORTURE
INTRODUCTION
The Government has issued its 5th periodic report for the period 1 January 2003 to 1 January 2007, to address the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. ACYA and eight other organisations made submissions. The report is 90 pages.
Some key legislation: NZ Bill of rights 1990, Crimes of Torture Act 1989, Crimes of Torture Amendment Act 2006, Corrections Act 2004, Armed Forces Discipline Act 1971, Children, Young Persons and their Families Act 1989. 47 Acts, 6 Regulations and 7 Administrative Procedures are referred to in an appendix.
CORE
The essence is how the State and its officers treat people who come before it, whether on remand, prisoners or in its formal care (MSD and health establishments). The report looks at legislation, policies and practice. It addresses two well-known cases, Ahmed Zaoui, and Liam Ashley and covers the trial use of Tasers.
CHILDREN AND YOUNG PEOPLE
Apart form the general duty to all citizens, issues of concern for children and young persons are as follows:
- Separation, care and protection of young people by Police, Corrections, CYF or Hospital staff (pages 41/42, 69/70)
- Liam Ashley case where a 17 year old was killed in prison van (pages 39/40) and still subject to investigative reports.
- Failure to withdraw Reservation to Article 37C of UNCROC, regarding separation of young people in Police/Corrections care (page 70).
- Complaints procedures in CYF and other institutions (pages 30/32, 40/2, 45/47, 51, 74, 84/86).
- The repeal of S 59 Crimes Act (pages 67/68, 86).
- Age of responsibility in Juvenile Justice legislation ( pages 71/73)
- Failure of Government to respond to the NZ Action Plan for Human Rights (page 63)
- Review in 2007 by Government to consider increasing the CYPF Act to include 17 year olds (page 72)
- Role of Family Group Conferences (page 71)
NOTED
It is noted that the Optional Protocol under this Convention is ratified by the Government.
NGO report to UN Committee due July 2007.
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