Human Rights and Prisons

4.2 Lighting, Heating and Ventilation

Law and policy framework

The Corrections Regulations (Schedule 3) set out the mandatory features of cells and requires that both new and existing cells are to include heating as appropriate for climatic conditions and fresh or conditioned air.

Issues

In 2005, the Ombudsmen’s Office noted problems about the heating and cooling of cells. In summertime, some cells are oppressively hot, and while fans were supplied they were provided at the prisoner’s own expense⁷. Those without the means were unable, therefore, to enjoy reasonable conditions. The Ombudsmen subsequently recommended that, where necessary, the Department should provide prisoners with fans. This concern was reiterated by the Ombudsmen in 2009 (Human Rights Commission, 2009b). Taking into account circumstances such as increased ‘lock down’ periods and double-bunked cells, the Ombudsmen were concerned that excessive temperatures could amount to ill-treatment. The Ombudsmen continue to monitor the issue and have received assurances from the Department of Corrections that prisoners without sufficient funds will be provided with fans.
In 2005, the Ombudsmen’s Office demonstrated concern about the lack of natural light in some cells, specifically twelve maximum security cells in Auckland East Prison. Newer prisons – such as the Otago Correctional Facility – have been constructed to allow lots of natural light into the prison.

4.3 Sanitary Facilities and Personal Hygiene

Law and policy framework

Prisoners are expected to keep themselves, their cell, furniture, clothing and property clean and tidy. They are to be provided with the means to comply with this requirement (r69). All prisoners should be provided access to a working toilet and a hand-washing sink, with hot running water. Prisoners should be able to access shower facilities everyday. Unit staff can compel a prisoner to shower for hygienic reasons (PSOM, P.04.03).
Upon reception, all prisoners are to be issued with a basic hygiene kit that will include: toothpaste, a toothbrush, soap, 60ml shampoo, comb, ballpoint pen, paper and envelopes and, for females, sanitary supplies.
Prisoners can choose their own hairstyle however they may not grow a beard or moustache, without first seeking approval from the prison manager (r70). Head and previously established facial hair must be removed if a medical officer directs on the grounds of health, safety or cleanliness.
Inspectors of Corrections review the arrangements that prisons have in place to ensure that regular sanitation and hygiene inspections by an independent specialist are carried out and any arising issues are addressed. The system is considered to be ‘critical to the safe, fair and humane treatment of prisoners’ and is annually recorded by the Inspectorate.

Issues

Complaints and enquiries to the Human Rights Commission have included approaches relating to sanitary issues. Over the last few years, there have also been concerns that some units – at Mount Eden and Tongariro/Rangipo – have continued practices of ‘slopping out’. The 22 bed wing at Mount Eden that did not have toilets was recently demolished as part of the redevelopment of that site. The Larch Unit at Tongariro/Rangipo that does not have toilets in individual cells is listed as obselete, to be used only for disaster recovery. However, it has been used for periods when other units in the prison have had to be vacated for repairs and maintenance.

4.4 Clothing and Bedding

Law and policy framework

All sentenced prisoners will be issued with one tracksuit, one pair of shorts, one T-shirt and footwear that is deemed appropriate for work or accommodation (PSOM, P.04). Remand prisoners may be permitted to wear their own clothing, unless that clothing is deemed unfit for use or if the prisoner requests prison clothing. Clothing that is provided to accused prisoners must be different from clothing given to other prisoners.
Prisoners, with prison manager approval, may wear their own clothing/footwear when on transfer or temporary release, at Court or Parole Board appearances, or on other occasions (for example, while resident in self care units).
Clothing or footwear provided by the prison must be suitable for prisoner activities, and adequate for safety, warmth, comfort and health (r68). Prison-issue clothing is to be laundered at least twice a week (PSOM, P.04.03).
Sufficient bedding for warmth, health, and reasonable comfort must be provided. On arrival, prisoners will be provided with a mattress, one pillow (and case), two sheets, a duvet inner and cover, and a towel. A prison can issue two blankets, instead of a duvet. Blankets, duvets and mattress covers are to be laundered every four months; bed linen will be laundered each week or as required (PSOM, P.04.03). All bedding must be laundered before use by another prisoner (r71). Any additional bedding will be issued only at the written instructions of Health Services.

Issues

Prison clothing is of a highly variable quality. The Ombudsmen’s Office (2005:25) highlighted that some prisoners were provided with shabby and sometimes seasonally-inappropriate clothing. This was regarded as being ‘demoralising’ and undermining of ‘self respect’ for prisoners. In addition, it might disadvantage the prisoner when they presented themselves to others, such as Parole Board members.
In March 2006, a prisoner, David Cox, died from pneumonia in Christchurch Prison. During his short illness, Cox asked for further bedding but this was denied; he was given paracetamol for a cold. Attempts by his sister, to provide warm clothes and medication, were refused by prison authorities. Following his death, Christchurch Coroner Richard McElrea made a number of recommendations including that:

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  Prisoners should not be deprived of the means to keep warm;
  
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  Basic items, such as clothing and warm bedding, should be made available to prisoners without delay following admission;
  
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  Prisoners should receive clear information on how to request further bedding;
  
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  Prisoners’ families should be made aware of the rules concerning clothing and bedding;
  
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  Prisoners should be assigned a liaison person with whom to communicate with (The Press, 2008).
  

The continued monitoring of clothing and bedding practices is necessary.