UN torture report finds flaws in justice system

The Government's tougher line on sentencing, Tasers and prisons is at odds with the report. Photo / Doug Sherring

The United Nations Committee Against Torture has praised the introduction of the anti-smacking law but was critical of other aspects of New Zealand's criminal justice system which are key Government policy.

The committee yesterday released its five-yearly report on New Zealand's compliance with the Convention Against Torture.

It was critical of the age of criminal responsibility - saying the current age of 10 years for culpable homicide and 14 for other crimes was contrary to international standards. It said the special protection for young people should be extended to the age of 18.

The report said there were insufficient prison facilities to cope with a growing prisoner population, which could lead to more violence among prisoners. It recommended steps be taken to address overcrowding, including more use of non-custodial sentences. Youths should also be detained separately from adult offenders.

The report was prepared after submissions from the New Zealand Government and reports from interested parties.

The committee said it was "deeply concerned" about the introduction of Tasers, saying they caused "severe pain constituting a form of torture". It also said the upper limit on compensation claims for prisoners who were maltreated should be removed to ensure fair compensation was available.

The Government must report to the committee within a year on measures it has taken in response to the recommendations.

However, most run counter to the Government's law and order policies. It has promised funding to fast-track the roll-out of Tasers and introduced harsher sentencing policies.

It is also extending the jurisdiction of the Youth Court to cover 12- and 13-year-olds who are accused of serious offences. Increased use of "double bunking" by inmates is also likely to be introduced.

The committee called for caution in using waist restraints in prison vans, saying they could cause "unnecessary pain and humiliation".

It also said the state should move quickly to deal with historic allegations of abuse of children held in state care and criticised the practice of detaining asylum seekers and the power to use classified information when considering their security risk level without disclosing it.