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Articles

The role and scope of OPCAT in protecting those deprived of liberty: a critical analysis of the New Zealand experience

References

New Zealand cases

New Zealand legislation

International legal material

  • Committee Against Torture, General Comment No 2; Implementation of Article 2 by States parties, 24 January 2008, CAT/C/GC/2/CRP.1/Rev.4
  • Committee on the Rights of Persons with Disabilities, General Comment No 1 (2014) Article 12: Equal recognition before the law, 19 May 2014, CRPD/C/GC/1
  • Committee on the Rights of Persons with Disabilities, Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities; The right to liberty and security of persons with disabilities, September 2015
  • Convention on the Rights of Persons with Disabilities, Report of the Committee on the Rights of Persons with Disabilities on its first session, 8 October 2009, CRPD/C/1/2
  • Human Rights Committee, General Comment No 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment), 10 March 1992 (1992(a))
  • Human Rights Committee, General Comment 21: Article 10 (Humane Treatment of Persons Deprived of Their Liberty), 10 April 1992 (1992(b))
  • Human Rights Committee, Concluding observations of the Human Rights Committee: Costa Rica, 16 November 2007, CCPR/C/CRI/CO/5
  • Human Rights Committee, Concluding observations of the Human Rights Committee: Panama, 17 April 2008, CCPR/C/PAN/CO/3
  • Nowak, M., Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on the question of torture, 23 December 2005, UN Doc E/CN.4/2006/6
  • Office of the United Nations High Commissioner for Human Rights, Thematic study on enhancing awareness and understanding of the Convention on the Rights of Persons with Disabilities, 26 January 2009, UN Doc A/HRC/10/48
  • Subcommittee on the Prevention of Torture (SPT), Fourth annual report, 3 February 2011, CAT/C/46/2
  • Subcommittee on the Prevention of Torture (SPT), Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to New Zealand, 28 July 2014, CAT/OP/NZL/1
  • Subcommittee on the Prevention of Torture (SPT), Response to the New Zealand Human Rights Commission’s request for interpretative guidance on Article 4.2 of the OPCAT, 2015
  • Vienna Convention on the Law of Treaties, 1969

Other references

  • Association for the Prevention of Torture. 2016. Putting prevention into practice; 10 years on: The optional protocol to the convention against torture. Geneva: Association for the Prevention of Torture.
  • Boshier, P. 2017. OPCAT findings report: A question of restraint: Care and management of prisoners considered to be At-risk of Self-Harm: Observations and findings from OPCAT inspectors. New Zealand, Wellington: Office of the Ombudsman.
  • Danish Institute for Human Rights. 2005. An introduction to openness and access to information. Copenhagen: Danish Institute for Human RIghts.
  • Department of Corrections, New Zealand. (2018) Management of transgender prisoners. Wellington: Department of Corrections.
  • Dixon, A. 2013. The case for publishing OPCAT visit reports in New Zealand. New Zealand Journal of Public and International Law 11, no. 3: 533–85
  • Hutching, M., and E. Jolliff. 2017. Corrections admits breaching torture rules by tying down inmates. NewsHub, March 1. www.newshub.co.nz/home/new-zealand/2017/02/corrections-admits-breaching-torture-rules-by-tying-down-inmates.html (accessed October 6, 2018).
  • Murray, R., E. Steinerte, M. Evans, and A. Hallo de Wolf. 2011. The optional protocol to the UN convention against torture. Oxford: Oxford University Press.
  • New Zealand Human Rights Commission. 2013. OPCAT in New Zealand 2007 – 2012, A review of OPCAT implementation by New Zealand’s National Preventive Mechanisms
  • New Zealand Human Rights Commission. 2015. Monitoring places of detention; Annual report of activities under the Optional Protocol to the Convention against Torture (OPCAT), 1 July 2014 to 30 June 2015. Auckland: New Zealand Human Rights Commission.
  • New Zealand Ministry of Health. 2018. Night safety procedures: Transitional guideline. Wellington: New Zealand Ministry of Health.
  • Nowak, M., and E. McArthur. 2008. The United Nations convention against torture, Oxford commentaries on international law. Oxford: Oxford University Press.
  • Nowak, M., and E. McArthur. 2006. The distinction between torture and cruel, inhuman or degrading treatment. Torture 16, no. 3: 147–51
  • Office of the Ombudsman New Zealand. 2017. Ombudsman to publish prison inspection reports. Media release, July 6. www.ombudsman.parliament.nz/ckeditor_assets/attachments/499/Hawkes_Bay_Prison_inspection_media_statement_060717.pdf (accessed October 6, 2018).
  • Shalev, S. (2017) Thinking outside the box? A review of seclusion and restraint practices in New Zealand. Auckland: New Zealand Human Rights Commision.
  • White, M. (2016) He Ara Tika; a pathway forward. Auckland: New Zealand Human Rights Commission

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