Redress, including compensation and rehabilitation, for victims of torture

19.      While welcoming the commitment of the state Party to provide compensation to victims of historic claims of abuse, the Committee is concerned at the fact that victims have not  been  awarded  with  full  redress,  including  compensation  and  rehabilitation,  as prescribed by general comment No. 3 (2012) on the implementation of article 14 by States

parties. The Committee further notes that the Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 restricts the circumstances in which the courts are able to award compensation to prisoners victim of acts that amount to torture and ill-treatment.

Recalling its general comment No. 3 (2012), the Committee recommends the State Party to amend the provisions of the Prisoners’ and Victims' Claims (Continuation and Reform) Amendment Act 2013 that might be inconsistent with the aim of the Convention. The State party should establish the legislative and structural framework necessary for ensuring that all victims of torture receive redress, including medical and psychological assistance, full compensation and the means for full rehabilitation.

Withdrawal of reservation to article 14

20.      While  noting  the  explanations  provided  by  the  delegation,  the  Committee  is concerned that the State party has maintained its reservation to article 14 of the Convention, which leaves at the discretion of the Attorney-General of New Zealand the right to award compensation to torture victims, is incompatible with the letter and spirit of the Convention, as well as with its obligation to ensure the rights of victims of torture to a fair and adequate compensation including the means for as full rehabilitation as possible. (art. 14)

The Committee reiterates its previous recommendation (CAT/C/NZL/CO/5, para. 14) and urges the State party to consider withdrawing its reservation to article 14 of the Convention and ensure the provision of fair and adequate compensation through its civil jurisdiction to all victims of torture.