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This report published by the Human Rights Commission into the use of solitary confinement and force in NZ total institutions has some horrifying findings. I've spent some time reflecting on them and below is a thread of what it found and why it matters: https://www.hrc.co.nz/news/paradigm-shift-away-seclusion-and-restraint-needed-says-new-report/
Solitary confinement is where a person is put in social/physical isolation for 22-24hours/day. Solitary can have long-term, damaging psychological effects, as I outline in this report: https://esra.nz/solitary-confinement-new-zealand-prisons/
1st part of this thread is about worrying trends in solitary.
1st part of this thread is about worrying trends in solitary.
The HRC report shows that Corrections used prolonged solitary confinement on 1339 occasions in 2019.
Prolonged solitary is solitary that lasts for more than 15 days and the UN considers it cruel and inhumane treatment. In some cases, it can amount to torture.
Prolonged solitary is solitary that lasts for more than 15 days and the UN considers it cruel and inhumane treatment. In some cases, it can amount to torture.
Another concerning trend is that the average length of time people are spending in solitary is increasing. This is particularly concerning because the negative psychological and physiological effects of solitary confinement tend to accumulate with time.
As is consistent across the NZ prison system, the use of solitary confinement is racist. In particular, Māori and Pacific peoples were substantially more like than Pākehā to be placed in the most restrictive and punitive forms of solitary.
There is also a gendered difference in how Corrections uses solitary. 'Women were segregated at a far higher rate than men: 255 instances per every 100 women prisoners, compared to 147 men per 100.' These substantial differences reflect patriarchal responses to people in distress
One of the most shocking statistics in the report is that Māori women made up 78% of all people who were sent to solitary confinement for punishment reasons (imo this is illegal under NZ and international law but hasn't been tested and I'm no lawyer).
In one case, a person who self-harmed was placed in solitary. That person expressed that the self harm was because they were lonely and needed contact with whānau. Instead of helping to make contact, Corrections officers put the person in solitary.
Other examples:1) an acutely unwell person was put in solitary for 4 months waiting transfer to a hospital; 2) a staff member told a researcher one person was put in solitary because they were ‘overweight, with poor hygiene, and couldn’t fit anywhere else [in the prison]’.
What is solitary like? In MH units
'impoverished regimes and austere cells, with even fewer furnishings and personal belongings than [in the pound], and with the added indignities of cardboard potties and tear-proof gowns. Some cells had no window and no access to natural light'
'impoverished regimes and austere cells, with even fewer furnishings and personal belongings than [in the pound], and with the added indignities of cardboard potties and tear-proof gowns. Some cells had no window and no access to natural light'
‘As one person, a long-term resident of a segregation unit, said: ‘there is no light at the end of my tunnel.’
That is what prolonged solitary confinement does to people and its a problem that's getting worse in NZ prisons.
That is what prolonged solitary confinement does to people and its a problem that's getting worse in NZ prisons.
The second half of this thread will be about the extreme use of force by Corrections officers which has escalated since the first report was done in 2016. This is something many of us working in this space have been worried about for a while (see here: https://www.rnz.co.nz/news/national/359293/gang-violence-blamed-for-rise-in-prisoners-being-restrained).
Overall, Corrections Officer's use of force has increased by 252% since 2016. That is an astronomic rise and is having dehumanising effects. Included in this massively increased use was head protectors, spit hoods and pepper spray, all which pose substantial health challenges.
When NZ Corrections officers were given the greater rights to use pepper spray after a 2017 law change, the idea was that this would reduce the need for physical force. However, the report finds that pepper spray is being used in addition to physical violence.
Pepper spray was also found to be commonly used in scenarios where its use was not only inappropriate, but also escalatory.
‘There was some suggestion from both staff and prisoners that pepper spray was now used instead of negotiation and de-escalation of volatile situations’
‘There was some suggestion from both staff and prisoners that pepper spray was now used instead of negotiation and de-escalation of volatile situations’
Because of a lack of ventilation in the human cages, pepper spray is also a form of collective punishment. You may recall @GuyonEspiner's story about Mihi and Karma having to put their heads in the toilet to avoid being gasbombed. Exact same thing here https://www.rnz.co.nz/news/in-depth/431299/gassed-in-their-cells-begging-for-food-at-auckland-women-s-prison
HRC: 'Prisoners have described having to resort to putting their head down the toilet in order to get fresh air when a neighbouring cell was gassed. One person said: “Your main thing is to try and breathe …. You start spewing, pleading with them [staff] to decontaminate us”'
A person was recorded on bodycam saying "I can't breathe" while being gassed and restrained. 'the officer restraining him responded dismissively, ‘yes you can’. In another case, a man’s arm was broken during restraint, yet he was left in prone position until medical staff arrived
Although bodycams are mandatory, 'the availability and quality of footage was variable. In a number of cases cameras were not turned on until after the event, if at all, and in others the view was obstructed.' Bodycams are being used selectively by people with power.
Overall, the report brings together a collection of horrifying and inhumane practices happening in our prisons. These practices aren't getting better with Hōkai Rangi or a commitment to kindness. There needs to be real material changes.
To undo the harm of solitary, parliament needs to pass a bill which legally prohibits the use of solitary in NZ prisons.
To start to address the abuse of power and pepper spray, COs should have their right to use it taken away. They are abusing that right and shouldn't have it.
To start to address the abuse of power and pepper spray, COs should have their right to use it taken away. They are abusing that right and shouldn't have it.
Also, I wrote a little summary of findings for myself that I’m happy to send to anyone who wants it. I tried to just capture the most important stuff relating prisons, but didn’t focus on the other aspects of the report.
Mandela was right: “It is said that no one truly knows a nation until one has been inside its jails.”
Looking into NZ prisons today, I see a society that doesn’t care about human rights, dignity or suffering. I hope we can change this.
Looking into NZ prisons today, I see a society that doesn’t care about human rights, dignity or suffering. I hope we can change this.
