Increasing Effectiveness of OPCAT in New Zealand Through Publication of Visit Reports

Abstract

This paper concerns National Preventive Mechanisms (NPMs) in New Zealand which are set up under the Optional Protocol to the Convention against Torture (OPCAT) to inspect places of detention in New Zealand. This paper argues that publishing the visit reports from these inspections would be a cost-effective way to increase the effectiveness and accountability of the OPCAT system in New Zealand. It argues that publication would be consistent with OPCAT. The paper argues that visit reports may be published under the Crimes of Torture Act 1989. It suggests some principles that should be considered by the NPMs in designing their publication strategy in order to engage society and respect the requirements of OPCAT. Finally this paper recommends that the Crimes of Torture Act should be amended to guarantee the power of NPMs to publish their visit reports.