4 Jan 2021

Waikeria Prison stand-off: Human Rights Commission calls for independent inquiry

12:50 pm on 4 January 2021

The Human Rights Commission says an independent inquiry is needed into what happened at Waikeria Prison.

Inside Paremoremo prison

(File image). Photo: RNZ / Cole Eastham-Farrelly

Sixteen protesters surrendered to authorities yesterday after a six day stand-off.

The men had said they were protesting unacceptable conditions at the prison, after complaints about inhumane treatment had not been listened to.

The Department of Corrections has announced two separate internal reviews to investigate how the situation escalated to the extent it did.

But Human Rights Commission chief commissioner Paul Hunt said the Ombudsman should carry out an independent inquiry.

"Let's see what an inquiry establishes, but keep in mind that the Ombudsman's team of investigators has been telling us for years that conditions in many of our prisons are sub-standard and do not meet basic international human rights requirements."

Paul Hunt is the incoming chief Human Rights Commissioner.

Paul Hunt Photo: University of Waikato

Last August, the Ombudsman published a report on Waikeria and concluded that the high security complex was no longer fit for purpose.

Hunt said there was no shortage of reports and recommendations pointing out failings in prisons, however, progress was glacial.

"There are some very fine staff working for Corrections, but I am sorry to say that not everyone has got the message. For example, during the protest it was reported that the non-supply of water was used as a negotiating tactic. If that proves to be accurate, this was inhumane and unlawful and suggests that some people in Corrections are living in the past."

He said there was no urgency for conditions to be improved.

Justice Advisory Group Just Speak and Amnesty International have backed calls for an independent inquiry.

Just Speak director Tania Sawicki Mead said it was very difficult for any outside parties to have faith in an organisation investigating itself.

"The culture of that very organisation is the very thing in question, there's a wider and more systemic issue at play in the way that Corrections operates across the country."

Minister for Corrections Kelvin Davis said none of the protesters had complained about their living conditions through official channels.

"There were many legitimate avenues for prisoners to raise concerns about their conditions, including through the independent Corrections Inspectorate and the Office of the Ombudsman," he said.

But Mead questioned how many inmates were aware of their rights, knew about the official complaint channels, and had trust in those processes.

"Any individual making a complaint through the Ombudsman system is likely to wait a really long time before they're addressed - and these men were talking about basic human rights."

She said any claims that what the men were protesting about were not true were also disappointing.

"It's really unreasonable to reject wholeheartedly these really serious allegations coming from these people inside Waikeria, particularly when the Ombudsman's report verifies with significant detail a lot of their concerns."

Davis said the incident was now in the hands of police, who would look at laying charges against those who caused damage to the prison.

Police said an investigation into what happened was underway, but it might be several months before they could lay charges.

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