Catch-22

Prison overcrowding seems to be the topic of the day with multiple media outlets and bloggers weighing in on the subject. As Russell Brown points out - that's what happens when you embark on a "get tough on crime pissing contest". Remand beds (for those inmates who are awaiting trial, in the middle of a trial, or awaiting sentence) in particular are filling up around the country and even when beds do open up, it doesn't help much if they're not in the right place. For example, an inmate awaiting trial at Manukau District Court can't be sent to Rimutaka Prison near Upper Hutt because everything related to their case (including the lawyers) is in Auckland and, unless the Corrections Department wants to re-create Con Air, the logistics of transportation and communication are almost insurmountable. So, as a result, the same inmate is kept in the holding cells at Manukau District Court which were designed to accomodate prisoners for a couple of hours, not a couple of days! Others find themselves enduring an extended stay in the police cells which were also never intended to provide accomodation for anything like the length of stays that are currently occurring.

Ironically, this issue follows closely behind the awarding of compensation to several inmates for the breaches of their human rights that were committed as a result of their time in the infamous Behavioural Management Unit at Paremoremo prison. Despite Phil Goff's railings against the injustice (as he perceives it) of the payments, the reality is that prisoners do actually have rights (aside from those necessarily removed as part of their incarceration) and do actually deserve to be compensated - as does any other New Zealander - if those rights are breached. The purpose of damages is to recognise the wrongs that have been committed and to compensate those adversely affected. So what about the victims? Well the wrongs committed against them have already been recognised (as part of the criminal justice process) and those responsible (i.e. the inmates) are being punished for what they did. The bottom line here is that inamtes are human beings too and have the right to be treated with respect and dignity that this inherent identity demands.

Despite the decision and damages, the government still doesn't seem to have learned from the error of their ways - as the current prison population crisis shows. Perhaps this is beacuse they're still in denial - certainly Phil Goff seems to be, given his reference to the "alleged wrongs" committed! Despite what he may think, there's nothing alleged about the wrongs , they happened and the court found that they happened - it's called a verdict Phil! The reality is that if the overcrowding continues, then it's more than likely that more litigation will result from the same abuses that characterised the BMR regime - things like an absence of natural light, adequate ventiliation, proper hygiene facilities etc. In addition to this, police and court cells don't allow for segregation of inmates - something that's almost a necessity in some cases (e.g. those giving evidence against their co-accused, those charged with certain unsavoury offences). In fact, from what I hear, an application is already in process by a certain QC to prevent the continued holding of prisoners in the Manukau District Court cells. This will no doubt create a headache for the courts - they can't really allow the dentention in the cells to continue (grossly inadequate as it is) but at the same time, there's nowhere else to put them! So how the courts reconcile this catch-22 will be interesting. Watch this space!