Chief Ombudsman calls for Corrections to stop the way it is running Prisoners of Extreme Risk Unit

The Chief Ombudsman says the Department of Corrections must stop the way it’s running the Prisoners of Extreme Risk Unit (PERU) because the unit’s prisoners are being ill-treated.

Peter Boshier has released a report that outlines serious concerns about human rights abuses at the unit which is based at Auckland Prison.

"The conditions and treatment in the PERU are cruel, inhuman and degrading and in breach of the United Nations Convention against Torture," Mr Boshier says.

"I visited the PERU four times over the past 18 months as part of my role in examining and monitoring the treatment of people in prison. Every time I’ve come away with significant concerns about how the prisoners are being treated.

"I acknowledge there are people housed in the PERU who have committed serious crimes, and I know it may be difficult for some to understand why we should care about their treatment and conditions.

"My job is to go into places that are kept under lock and key and shine a light on how human beings are being treated by state institutions like prisons. I strongly believe that if you protect someone’s basic human rights, you are protecting society as a whole.

"In the PERU, I saw the detrimental impact of a state system operating without a clear focus on how it treats people. The treatment and conditions that I observed are not what I expect of our country.

"Corrections is obliged by law to make sure prisoners’ basic human rights are protected and to provide them with rehabilitation opportunities. The vast majority of these men will be re-joining our families, workplaces and communities at the end of their sentences. Ill-treatment in prison does not support their rehabilitation or successful reintegration."

Mr Boshier says prisoners at the PERU are being subjected to prolonged and potentially indefinite solitary confinement as well as oppressive living conditions including limited access to natural light and fresh air.

"Most people in the PERU have been there for many months, sometimes several years. They routinely spend 24 hours a day locked up alone and are denied meaningful human contact for long periods of time. This is a blatant breach of international human rights conventions.

"I have also found evidence of a disproportionate use of force on prisoners as well as excessive and unjustified instances of search and surveillance.

"At-risk prisoners are constantly watched on CCTV, even in toilet and shower areas and checked on every 15 minutes, day and night. At night, Corrections Officers shine torches through the hatches of these prisoners’ cells every 15 minutes. Conversely, camera footage and record keeping related to incidents where use of force occurs is inadequate."

Mr Boshier says since the PERU was set up in 2019, it has grown in capacity, scope and purpose.

"The unit has been allowed to develop with seemingly little scrutiny or formal consultation. It is managed by a Directorate made up of a small number of Corrections staff who have inappropriate autonomy and manage the unit at their own discretion.

"Decision-making isn’t transparent and involves the same small group of people. There are insufficient checks and balances in place to ensure appropriate conditions and treatment of the prisoners.

"The PERU placement process categorises all prisoners in the unit as ‘extreme risk’ and all are subjected to maximum security conditions.

"That is despite them having distinct and varying degrees of risk. The unit includes prisoners with extremist ideologies, those involved in transnational crime, and prisoners with a high propensity for violence. It also includes prisoners who are at risk of harm from others or on remand and not yet convicted. Their guilt or innocence has yet to be proven.

"The PERU model fails to differentiate between these groups and the different types of interventions they need. It is entirely inappropriate for Corrections to allow the Directorate to use an oppressive, one-size-fits-all approach."

Mr Boshier says he has raised his concerns with Corrections on a number of occasions.

"They’ve advised me that some practices have changed or are changing but I’ve seen scant evidence of that and I remain deeply concerned.

"The current operating model at the PERU does not fit with New Zealand’s values as a humane society and it has to stop.

"The fact remains that human rights are universal. These prisoners have basic rights to safe and fair treatment. It is my job is to uphold the dignity and honour of everyone in society and I will continue to expose cruel, inhuman and degrading treatment when I see it."

The Chief Ombudsman has recommended Corrections stops the way it is currently running the PERU and ends prolonged solitary confinement.

Read the Chief Ombudsman’s report and full set of recommendations