Corrections New Zealand continues to house at-risk prisoners in dry cells at Invercargill Prison, despite previous admonitions regarding this practice. This approach has raised significant human rights concerns, particularly regarding the dignity and safety of vulnerable inmates. Data obtained under the Official Information Act reveals that inmates identified as at-risk have been placed in these conditions on at least 14 occasions since 2019.

Dry cells, situated in the prison’s Intervention and Support Unit (ISU), lack basic amenities such as toilets and drinking water. Originally intended for monitoring inmates suspected of concealing contraband, these cells have become a controversial aspect of prison management for at-risk individuals. According to Corrections, the safer cells—equipped to provide better conditions—were fully occupied during 13 of the 14 placements in dry cells, particularly in 2023.

Neil Beales, Deputy Commissioner for Men’s Prisons, indicated that staff face challenging decisions when accommodating these inmates. “We still have a responsibility to make sure that that person is properly looked after,” he stated, highlighting the absence of ligature points in safer cells as a key factor in their placement decisions. Beales acknowledged that the use of dry cells is not optimal but described the situation as unavoidable.

Concerns Raised by Multiple Oversight Bodies

The practice of placing at-risk prisoners in dry cells has drawn sharp criticism from various watchdog organizations. In a 2019 visit, then-Chief Ombudsman Peter Boshier found that the conditions violated United Nations standards designed to uphold prisoner dignity. He reported that inmates had been given cardboard containers instead of proper toilets, which contravened Rule 15 of the UN Standard Minimum Rules for the Treatment of Prisoners.

In subsequent years, Boshier reiterated his concerns regarding the use of dry cells for at-risk inmates at other facilities, including Christchurch Men’s Prison and Whanganui Prison. He referred to dry cells as “a desolate and barren environment for prisoners who are already vulnerable,” asserting that such practices are never appropriate.

In 2023, the Office of the Inspectorate echoed these warnings. Chief Inspector of Corrections Janis Adair noted in her report that dry cells were being misused due to a lack of available at-risk cells, emphasizing that such restrictive environments are particularly unsuitable for vulnerable inmates.

Advocacy Groups Demand Accountability

Advocacy organizations have labeled the continued use of dry cells for at-risk prisoners as “inhumane” and “appalling.” Lisa Woods, Advocacy and Movement Building Director at Amnesty International New Zealand, expressed deep concern over the ongoing practice. “People being placed in such conditions, especially after the Ombudsman has made it clear it goes against international human rights standards, is beyond appalling,” she remarked. Woods underscored the need for accountability, stating that the rights of individuals in the criminal justice system must be respected.

Similarly, Cosmo Jeffery from the Howard League for Penal Reform criticized the lack of action to eliminate the use of dry cells for at-risk prisoners, claiming that no substantial resolution has been put in place despite ongoing advocacy.

Challenges in Prison Management

Since 2019, the inmate population at Invercargill Prison has fluctuated between 110 and 182, with an increasing number of new arrivals presenting significant mental health, drug, and alcohol issues. Beales acknowledged that staff are doing everything they can to avoid using dry cells but indicated that the lack of alternative safe accommodations complicates matters. He mentioned that relocating inmates could pose additional risks and that staff must make decisions prioritizing safety.

When questioned about the lack of additional safer cells in the ISU, Beales explained that given the prison’s infrastructure and age, resources have been allocated to other areas within the network. Recently, Corrections opened 500 new high-security beds at Waikeria Prison and added 96 dedicated mental health and addiction beds to alleviate pressure on the overall system.

As the situation develops, the continued use of dry cells for at-risk prisoners at Invercargill Prison remains contingent on available capacity and resources, raising ongoing concerns about the treatment of vulnerable individuals within the justice system.

Prisoners at Invercargill Prison who are deemed at-risk continue to be placed in dry cells—rooms devoid of toilets and drinking water—despite prior condemnation of this practice by authorities. A report from 2019 by then-Chief Ombudsman Peter Boshier revealed that such conditions violated United Nations standards aimed at protecting the dignity of prisoners. Since that report, data obtained under the Official Information Act indicates that at-risk inmates have been placed in these dry cells at least 14 times, with the majority of incidents occurring in 2023.

The dry cells are part of the prison’s Intervention and Support Unit (ISU) and are primarily intended for monitoring inmates suspected of concealing contraband. While the Department of Corrections maintains that at-risk prisoners are usually placed in designated “safer cells”—rooms lacking ligature points for enhanced monitoring—officials admitted that overcrowding often necessitates the use of dry cells. According to Neil Beales, Deputy Commissioner for Men’s Prisons, “We still have a responsibility to make sure that that person is properly looked after.”

On 13 occasions since 2019, inmates identified as at-risk were housed in dry cells due to the unavailability of safer cells. These cells are designed for close monitoring and provide access to specialized care, but as noted by Beales, “When you’re stuck with nowhere else to put them that is safe… they have to make the best decisions for safety.”

Continued Warnings from Oversight Bodies

Multiple oversight organizations have repeatedly raised concerns regarding the use of dry cells for at-risk inmates. During a visit in 2019, Boshier found that the three safer cells at Invercargill Prison were occupied, leading to two at-risk prisoners being confined to dry cells. This situation led Boshier to identify a breach of Rule 15 of the UN Standard Minimum Rules for the Treatment of Prisoners, which mandates adequate sanitary facilities.

In 2021, Boshier reiterated his concerns about the practice at other facilities, stating, “Dry cells are a desolate and barren environment for prisoners who are already vulnerable.” In a more recent report in 2023, Chief Inspector of Corrections Janis Adair expressed similar sentiments, emphasizing that the use of dry cells for purposes beyond their intended design is inappropriate.

Calls for Systemic Change from Advocacy Groups

Advocacy organizations have criticized the ongoing use of dry cells, labeling the situation as “inhumane” and an “utter failure” of the justice system. Lisa Woods, Advocacy and Movement Building Director at Amnesty International New Zealand, conveyed the gravity of the situation, stating, “People being placed in such conditions… it’s beyond appalling.” Woods highlighted that the repeated violations of international human rights standards reflect a systemic issue that undermines the dignity of those in custody.

Former inmate and spokesperson for the Howard League for Penal Reform, Cosmo Jeffery, also condemned the practice, recalling his own experience in a dry cell. He asserted, “It’s totally inhumane. It’s going back to the dark ages.” Jeffery criticized the lack of effective action to prevent the continued use of these cells, questioning the absence of motivation for reform.

Challenges in Prison Capacity and Mental Health Care

Invercargill Prison has seen its population fluctuate between 110 and 182 inmates since 2019, including a notable increase in those with significant mental health issues. Beales acknowledged the challenges faced by staff amid rising demand. “I know that our managers at those sites will do everything in their power not to use those cells,” he said, emphasizing the dilemma of ensuring safety for both inmates and staff.

When questioned about the lack of expansion of ISU safer cells at Invercargill, Beales cited the age and condition of the facility as a reason for prioritizing resources elsewhere in the prison network. In October 2023, the Department of Corrections opened 500 new high-security beds at Waikeria Prison along with 96 dedicated mental health and addiction beds, aiming to alleviate pressure on facilities across the system.

As the debate continues regarding the treatment of at-risk inmates, the future use of dry cells at Invercargill Prison remains uncertain, contingent on capacity and availability of safer alternatives. The ongoing scrutiny from both watchdogs and advocacy groups underscores the urgent need for reforms in how vulnerable prisoners are managed within the correctional system.

The practice of placing at-risk inmates in dry cells at Invercargill Prison has persisted, despite previous condemnation from officials and human rights organizations. Inmates identified as suicidal have been subjected to this treatment at least 14 times since March 2019, according to data obtained under the Official Information Act.

Dry cells, located within the prison’s Intervention and Support Unit (ISU), are designed primarily for monitoring prisoners suspected of concealing contraband. These cells lack basic amenities, including toilets and drinking water. Following an investigation by then-Chief Ombudsman Peter Boshier, it was determined that this practice breaches United Nations standards aimed at preventing inhumane treatment of prisoners.

While Corrections officials state that at-risk inmates are usually placed in ‘safer cells’—which are equipped to minimize ligature points for self-harm—the data shows that on 13 occasions since 2019, the safer cells were occupied, leaving staff with no choice but to use dry cells. Neil Beales, Deputy Commissioner for Men’s Prisons, explained that the safety of inmates must be prioritized, stating, “Nobody is saying that is optimal and preferable, but unfortunately it’s unavoidable in those circumstances.”

The situation has drawn criticism from various watchdogs. During his visit to Invercargill Prison, Boshier noted that inmates were provided with cardboard receptacles instead of toilets, a clear violation of Rule 15 of the UN Standard Minimum Rules for the Treatment of Prisoners. This rule mandates that prisoners have access to adequate sanitary facilities.

In 2021, Boshier reiterated his concerns regarding the use of dry cells in other prisons, describing them as “desolate and barren.” He emphasized that placing at-risk individuals in such conditions is never appropriate. In 2023, the Office of the Inspectorate echoed these concerns, with Chief Inspector Janis Adair highlighting that dry cells were sometimes used beyond their intended purpose due to a lack of adequate at-risk cells.

Advocacy groups have been vocal in their condemnation of the continued use of dry cells. Lisa Woods, the advocacy and movement building director for Amnesty International New Zealand, characterized the situation as an “utter failure” and a breach of international human rights standards. “This shows the system is utterly broken,” Woods asserted, emphasizing that every individual has the right to dignity, which is consistently being undermined.

Additionally, Cosmo Jeffery, spokesperson for the Howard League for Penal Reform, who experienced time in a dry cell himself, described the conditions as “totally inhumane.” He questioned the lack of progress in addressing this issue, suggesting that there is no real desire for change within the system.

The fluctuating population at Invercargill Prison, which has ranged between 110 and 182 inmates, has contributed to the ongoing challenges. Beales acknowledged that there has been an increase in inmates arriving with significant mental health, drug, and alcohol issues. He expressed the difficulty in managing these cases, stating that the aim is to ensure safety for both inmates and staff.

When questioned about the lack of additional safer cells within the prison, Beales explained that resource allocation has focused on other areas of the prison network. Recently, Corrections opened 500 new high-security beds at Waikeria Prison and 96 dedicated mental health and addiction beds, indicating a strategy to relieve pressure on the system.

While the future of dry cells remains uncertain, Beales noted that their use for at-risk inmates will depend on available capacity. The ongoing use of these facilities raises significant ethical and human rights concerns that demand attention from both the public and authorities responsible for prison management.

A high-powered panel has been established to investigate the conduct of District Court Judge Ema Aitken, who recently faced scrutiny for allegedly attending an event without proper invitation, commonly referred to as “gatecrashing.” The investigation, announced on March 15, 2024, aims to address concerns regarding the judge’s professional behavior and uphold judicial standards.

The panel comprises distinguished figures, including a former Governor-General, two senior judges, and a prominent King’s Counsel (KC). This diverse group is tasked with reviewing the circumstances surrounding Judge Aitken’s actions, ensuring a thorough and impartial examination of the facts.

Composition of the Investigation Panel

Among the panel members is the former Governor-General, whose experience in high office lends significant weight to the investigation. The inclusion of two senior judges ensures that the review process will be conducted with legal expertise and a clear understanding of judicial conduct standards. The top KC brings a wealth of legal knowledge and experience, further reinforcing the panel’s credibility.

The investigation was prompted by public unease regarding the integrity of judicial positions and the necessity for transparency within the legal system. The panel’s findings are expected to play a crucial role in determining whether Judge Aitken’s conduct warrants any disciplinary action or if she will continue in her role without further repercussions.

Potential Implications for the Judiciary

The outcome of this investigation could have significant implications for the judiciary in New Zealand. If the panel finds that Judge Aitken’s actions compromised her ability to serve impartially, it may lead to broader discussions about accountability and ethical standards among judges. Maintaining public trust in the legal system is essential, and ensuring that judges adhere to high professional standards is pivotal in achieving this goal.

The investigation is scheduled to commence shortly, with the panel expected to conduct interviews and gather evidence over the coming weeks. The results will be made public, aiming to enhance transparency in judicial proceedings and reaffirm the commitment to ethical conduct within the legal community.

In the wake of this situation, legal experts and commentators have emphasized the importance of upholding the integrity of the judiciary. The panel’s findings could serve as a precedent for future cases involving judicial conduct and public accountability.

As the investigation unfolds, stakeholders across the legal system will be watching closely to see how this situation develops and what it may mean for the future of the judiciary in New Zealand.