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

Abstract

ABSTRACTNew Zealand was an early adopter of the Optional Protocol to the Convention Against Torture (OPCAT) and its unique preventive approach. It is now over 10 years since New Zealand established its multi-body National Preventive Mechanism (NPM) to fulfil its obligations under the OPCAT. This paper provides a critical analysis of the extent to which New Zealand’s NPM has improved the protection of human rights of those deprived of their liberty. The paper unpacks domestic legal and policy settings and assesses them against New Zealand’s binding international obligations. In particular it considers the extent to which New Zealand’s NPM has influenced change in the legislative framework, conditions in places where people are deprived of their liberty, restrictive practices, and the treatment of vulnerable populations deprived of their liberty. It further considers current limitations on the OPCAT mandate and how this impacts on New Zealand fulfilling its binding international human rights obligations. The paper identifies both good practice and lessons learned for States who are considering ratifying OPCAT, or who are in the process of establishing NPMs.