Presumed Guilty? Evaluating New Zealand's Pretrial Detention Practices through an International Human Rights Lens

Abstract

Individuals charged with an offense are often remanded in custody until they appear in court. Hence, their fundamental human rights are being compromised despite not yet being convicted of any crime. These are some of the most vulnerable prisoners, who are subjected to what is often described as the most volatile prison environments. Furthermore, those who are remanded in custody pending their court appearance are automatically deemed as maximum security, limiting their access to rehabilitation programmes, legal advisors, outdoor recreation time and access to meaningful activities. Various international human rights instruments exist to protect the rights of imprisoned individuals and guide practices in detention facilities. This paper examines the issues surrounding the treatment and conditions of New Zealand’s remand prisoner population, explains how New Zealand is not meeting its international obligations in some areas, and suggests solutions for reform. This includes providing compensation to individuals who are remanded in custody but are subsequently found innocent, extending rehabilitation programmes to remand prisoners and addressing the key issue of understaffing in prisons.