Stripping Prisoners of their Rights? An Analysis of Strip Searching in New Zealand Prisons and the Availability of Effective Remedies for State Violations

Abstract

This paper takes a human rights approach to the examination of the practice of strip searching in New Zealand prisons, and the availability of effective remedies for State violations of prisoners’ human rights. Taking the view that prisoners do not lose all of their rights by virtue of their imprisonment, the first half of this paper argues that the current strip searching procedures under the Corrections Act 2004 provide ineffective safeguards against prisoner abuse, risking New Zealand’s reputation amongst international human rights bodies. Additionally, it argues that the proposed changes under the Corrections Amendment Bill fail to adequately address the concerns under the current legislation. In light of the risk of abuse created by the current strip searching legislation, the second half of the paper examines the availability of effective remedies for State violations of prisoners’ rights. It argues that the current law under the Prisoners’ and Victims’ Claims Act 2005 conflicts with New Zealand’s obligations under international law to provide effective remedies, by reducing prisoners’ claims to monetary compensation. Additionally, it argues that the proposed changes under the Prisoners’ and Victims’ Claims (Redirecting Prisoners’ Compensation) Amendment Bill further exacerbate this conflict, by failing to give sufficient weight to the emphasis placed by international law on the protection of prisoner’s from abuse. This paper concludes that in order to avoid international condemnation, New Zealand should aim to reduce prisoners’ claims by introducing tighter procedural safeguards, including those addressing strip searching, in order to prevent abuse in the first place.