Photo: RNZ / Cole Eastham-Farrelly
The Chief Ombudsman is calling on the Department of Corrections to ban the use of spit hoods on vulnerable prisoners, such as young and disabled people.
Peter Boshier made the plea in a report published today following the inspections of two minimum-to-high security women's prisons.
Inspectors at Christchurch Women's Prison found force had been used several times on a young prisoner with complex mental health issues, including the use of a spit hood - a restraint device which went over a person's head and was designed to stop people biting and spitting at prison officers.
"The trauma associated with this type of restraint on young and vulnerable people cannot be underestimated," Boshier said.
"Spit hoods are also considered a suffocation risk. In this instance, there didn't appear to be imminent risk justifying the use of this type of force.
"I am not alone in expressing my deep concern about this practice. Multiple human rights watchdogs have called for the total ban on their use on children and young people in detention.
"I am calling for an immediate end to their use on vulnerable prisoners including young people and disabled people and urge the Department of Corrections to explore alternatives like personal protective equipment to keep staff safe."
In another incident, prison staff had closed the cell's meal flap on the young prisoner's arm.
That incident was not recorded as a use of force and neither incident was brought to the attention of the prison director.
"I find these use of force and restraint incidents highly concerning," Boshier's report said.
He was also disappointed to find several issues of repeated concern, including some featured in his recent report on the department.
They included the use of dry cells - which contained no toilet or running water, double-bunking, poor accommodation, unregulated meal times and the use of CCTV in toilet and shower areas.
"I have repeatedly raised concerns, and made recommendations, regarding the use of intrusive CCTV monitoring in prisons. I am aware that Corrections is introducing new pixilation technology and undertaking a review of the relevant law and policy and I look forward to seeing progress in this area."
Boshier said he discovered some troubling use of force incidents, including the unjustified use of pepper spray and he was also concerned to hear prisoners were being locked in showers at Christchurch Women's Prison to manage temporary accommodation needs, alongside the issue of dry cells still being used.
"I expect both of these practices to stop immediately," Boshier said.
"Dry cells are a desolate and barren environment for prisoners who are already vulnerable. I do not consider it is ever appropriate to put at-risk people into cells with no toilets or drinking water."
Some accommodation units at both prisons were old and no longer fit for propose.
He recommended they be decommissioned and replaced as a matter of priority.
"I find it deeply concerning that some of the most vulnerable prisoners, including those in segregation or on a period of cell confinement, are held in such dire conditions.
"While these inspections were conducted during Covid-19 alert levels two and three in 2021 when the prisons had their own unique challenges, the serious issues remain. I will be closely monitoring how my recommendations are being implemented."
However, Boshier did accept both prisons had positive aspects, including programmes that recognised the importance of tikanga to a prisoners' well-being and he acknowledged the genuine care and concern shown by prison staff for the wellbeing of prisoners.
