30 Apr 2019

Hawke's Bay prisoner treatment 'degrading' but progress being made - ombudsman

8:00 pm on 30 April 2019

Some prisoners at Hawke's Bay Regional Prison are still receiving "degrading" treatment, including being watched on CCTV when they are naked or on the toilet, Chief Ombudsman Peter Boshier says.

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A prison. (File photo.) Photo: Pixabay

He published his findings after an unannounced inspection of the prison in November last year. This was a follow-up to a prior inspection in December 2016 which raised concerns about bullying and prisoner conditions.

Overall, the prison had made significant progress towards improving prisoners' safety, but had been slow to improve conditions for remand and at-risk prisoners, Mr Boshier said.

The conditions of those on remand or at-risk prisoners in the Intervention and Support Unit (ISU) were particularly concerning, he said.

Ombudsman Peter Boshier

Chief ombudsman Judge Peter Boshier. Photo: RNZ / Phil Smith

Prisoners in the ISU could be seen on camera by staff and others when they are naked or using the toilet, which the Ombudsman considered "degrading treatment or punishment".

"I could not be assured that all prisoners in the ISU had been offered their minimum legal entitlement of an hour's exercise in the open air," Mr Boshier said. "I emphasise again that this is a minimum entitlement under the Corrections Act 2004."

The prison also continued to inappropriately place vulnerable prisoners in dry cells - without a toilet or water source - when the ISU was full.

"Since my last inspection, three prisoners have died in the prison. One of these deaths occurred in March 2017 following staff using force to restrain the prisoner. I had called for the use of force at the prison to be reviewed after my last inspection, and I do so again.

"The prison has achieved or partly achieved 20 of the 37 recommendations I made in 2016 and should be commended for the distance travelled so far."

Overall, inspectors found tension levels among prisoners had dropped, particularly in the high security areas of the prison.

However, more could be done to promote a safe atmosphere, including the supervision of prisioners in exercise yards which was currently only monitored by CCTV.

"My inspectors observed footage of a prisoner being assaulted by two prisoners in the high security yard. Although CCTV coverage was comprehensive, access to emergency call points within the yard was limited and the victim was unable to call for assistance," Mr Boshier said.

This was particularly important after the Department of Corrections' own chief inspector called for more active supervision of prisoners after the fights at Mount Eden in 2016, he said.

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