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Summary: United Nations Optional Protocol to the Convention Against Torture: Joint Thematic Review of Children and Young Person’s Detention Issues 2010.
Background to the Review On 10 December 2010, the Independent Police Conduct Authority, the Office of the Children's Commissioner and the New Zealand Human Rights Commission announced the decision to conduct a Joint Thematic Review of Children and Young Persons in Police detention ('JTR' or 'the Review'). The Review is being conducted under the United Nations OPCAT framework (Optional Protocol to the Convention Against Torture), which New Zealand ratified in 2007. OPCAT requires its member nations to have a system of inspecting places of detention, including Police cells and secure residences for children and young persons. In addition to site visits, OPCAT places an emphasis on prevention and education to stop abuses happening in the first place. The Review is the first of its kind in this country and will examine Police and Child Youth and Family policies applicable to children and young persons in Police custody, examine international detention standards, and make relevant recommendations. The Review will highlight good practice as well as identify areas for improvement. It is, in essence, a review of broad questions of policy, practice and procedure aimed at improving conditions and treatment. For the purposes of the JTR, a child or young person is someone under the age of 17. Call for submissions The Review team is currently seeking submissions or feedback on issues relevant to the conditions applicable to and treatment of children or young persons in Police detention in New Zealand. Below you will find further information about the submissions process. Why your submission is important In order to understand the issues facing young people and those who engage with them in the detention context, it is important that the Review team considers a range of views, particularly from those who have relevant knowledge or experience in this area. Submissions are, therefore, welcomed and valued as part of this Review. Submissions do not need to be lengthy or complex; the Review team welcomes all feedback, from short observations to more comprehensive submissions. How your submissions will be used The submissions will inform the analysis process of the Review. The consultation process is ongoing and submissions are welcomed at any time. Early submissions or feedback, where possible, is encouraged. The Review team may follow-up submissions with direct contact, if necessary and appropriate. What to consider when making your submission In a submission, you may wish to include or consider the following: What is your role? What do you think about the conditions of Police detention for young people? What do you think about the treatment of young people in Police detention? What do you think is working well for young people in detention? What do you think could be improved for young people in detention? How to make your submission Submissions can be sent in two ways: By post to: PO Box 5025, Lambton Quay, Wellington 6145 Further questions? Please send any questions you have about OPCAT, the Review, or the submissions process to Natalie Pierce (at the email address provided above). Further information
This information helps the Review team understand the groups in this context and the unique issues that arise for them or that they observe
'Conditions' may include, for example, the standard of detention facilities, bedding, accommodation, lighting, ventilation, and health and hygiene facilities
'Treatment' may include, for example, the use of force, complaints processes, accommodation of special individual needs, activities and access to others (including family, welfare or social services, and legal advice)
You may know of local, regional, or national approaches that have a positive impact for young people. You may know of practices or initiatives that are well-received by young people, their families, Police, Child Youth and Family. This is a chance to highlight examples of good practice.
The Review aims to identify areas for improvement. If you feel there are issues that could benefit from further review or improvement, please include them here. Please note that this Review is aimed at policies, practices, and procedures, rather than individual cases or complaints. While submissions should focus on broader issues, specific examples may be included and will be treated in confidence as per s 35 of the Crimes of Torture Act 1989 and s 25 of the Independent Police Conduct Authority Act 1988. Should a submission contain material that is most appropriately dealt with by way of a complaint, the Review team will provide information on this process.
By email to: Natalie Pierce, Investigation Analyst and Legal Research Writer, at [email protected]
Submissions or feedback should be submitted by 10 May 2011.
Owner: Independent Police Conduct Authority, Human Rights Commission, Office of the Children's Commissioner