Flavell Te Ururoa: Crimes of Torture Amendment Bill — Second Reading 
Flavell Te Ururoa: Crimes of Torture Amendment Bill — Second Reading 
[Volume:635;Page:6274] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Deputy Speaker. Tena tatou katoa i te Whare. The reality of people who have suffered the fate of systematic and brutal murder slaughter human rights abuse physical and mental oppression dispossession and extermination—the crimes of torture—is readily available through reading the histories of colonisation. In fact in my maiden speech to this House I referred to the crime of torture enacted amongst the people of Te Whakatohea in the mid-1860s following the murder of the missionary Carl Sylvius Völkner. This House will recall that Völkner had been implicated in the passing on of information to Governor Grey about the movements of Maori in the New Zealand Wars. In the weeks after his death British troops stormed Opotiki and captured four Maori including an esteemed chief of Whakatohea Mokomoko. The four men were arrested condemned and executed for the murder of Völkner. Not satisfied with these four deaths the Government also mounted a harsh assault on Whakatohea confiscating their best arable land destroying their shipping and stores. The basis of an effective economy was ruined. 
Mokomoko had always denied his involvement and indeed was supported by the legal and historical research that followed. A grave miscarriage of justice occurred. Over a century later his whanau were able to exhume his remains from Mount Eden jail so they could be buried in his ancestral urupa. In June 1992 the descendants of Mokomoko were finally granted a full acquittal for him. His words at the scaffold read in song were remembered: “Violent shaking will not rouse me from my sleep. They treat me like a common thief. It is true that I embrace eternal sleep for that is the lot of a man condemned to die.” 
The condemnation that we bring to this House today against torture is undeniably influenced by experiences such as these. We come to this bill remembering the plea of Mokomoko not to have to die for a crime he did not commit. It is ironic that when we stand in this House in support of the optional protocol adopted by the UN General Assembly it is often implied that we are opposed to the use of torture and other cruel inhuman or degrading treatments or punishments in far-off places when scrutiny of our own situation might be very revealing. The use of execution the application of the death penalty as a punishment for murder was inherited along with other common law from England in 1893 alongside hard labour flogging and whipping. My research tells me that from 1842 until 1961 54 people—one woman amongst them—were put to death in Aotearoa. The last person to be executed was Walter Bolton who was hanged at Mount Eden Prison on 18 February 1957 for the murder of his wife. Today the stone walls and towers of Mount Eden Prison remind anyone who visits there of our own shameful history of human rights abuses. Our public libraries also contain records of executions that were free entertainment for a morbid crowd that would congregate above the Mount Eden stockade to witness the events. 
Other legacies remain. There are 11 graves at Mount Eden Prison that forever remind prisoners of the tragic history of execution. Just over a decade ago between 1991 and 1999 another 11 lives were lost—11 of 13 teenagers committed suicide in Mount Eden prison in that period. The question was asked at the time whether the actions of the past had ever been reconciled or whether that legacy remains as long as Mount Eden Prison stands. 
I understand that the report on New Zealand prepared by the United Nations Committee against Torture in June 2004 expressed concern at the fact that juveniles are sometimes not separated from adult detainees and have been detained in cells owing to the shortage of Child Youth and Family Services facilities. The hideous culture of Mount Eden Prison is clearly inappropriate if our young people are driven to suicide in adult prisons. The recent tragic death of Liam Ashley points to the pressing need to address the issue of juvenile safety raised by the United Nations Committee against Torture. 
The committee’s report also expressed concern about the significant decrease in the proportion of asylum seekers who are immediately released without restriction into the community upon arrival and the detention of several asylum seekers in remand prisons who are not separated from other detainees. This week marks 2 years of such detention for Thomas Yadegary an Iranian who has been imprisoned without charge or trial in Auckland’s Mount Eden Prison. Thomas has lived in Aotearoa since 1993 and applied for refugee status. His application was declined. On 1 November 2004 he was taken into custody at Mount Eden Prison to await deportation. The Government has exerted pressure on Thomas to sign an agreement absolving the Minister of Corrections from any responsibility in the likelihood that Thomas is arrested tortured or killed on his return to Iran. Thomas has refused to do so and in effect he remains a hostage in prison. 
 Last month Global Peace and Justice Auckland released a statement: “Thomas’ continuing incarceration is a travesty of natural justice and a disgraceful abuse of human rights. We have our own little Guantanamo Bay right here in the heart of Mount Eden.” 
The Maori Party stands in this House to argue for consistency in the application of our human rights to restore our international reputation through compliance with international law. Yet here under our very own eyes is another incident where a person has been deprived of liberty seemingly violating the human rights conventions in a way we are so quick to condemn in other countries. We all want to believe that the criminal justice system is reliable fair and infallible. Unfortunately there is a huge discrepancy between what we may wish to believe and fact. 
The UN committee also expressed a considerable concern about prolonged periods of solitary confinement and the findings of the Ombudsman regarding investigations of alleged assaults by prison staff on inmates—in particular the reluctance to address such allegations promptly and the quality impartiality and credibility of investigations. The Maori Party has consistently raised our own concerns about these problems and supports the focus that will come from increased monitoring by the United Nations of our prisons. This can only enhance the confidence of the public and demonstrate transparency if the United Nations subcommittee can provide rigorous advice that we will listen to. 
Finally the Maori Party of course wants to ensure that the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment is applied not just at home but across the globe. No one in this House can deny the facts of the United Nations investigation into the treatment of prisoners at the US naval base at Guantanamo Bay which revealed that it was effectively a torture camp where prisoners had no access to justice. The final report of the investigation undertaken by five UN experts accused the United States of practices that amount to torture and demands that detainees either be allowed a fair trial or released. We were told that torture was a daily occurrence at the prison camp for terrorist suspects—suspects accused of having links to Afghanistan’s ousted Taliban regime or to al-Qaeda. Yet in this prison camp that is rife with terrorists only a handful have been charged. The United Nations has shown the world that a prison exists outside normal international standards of justice. It is a prison where 490 men have been held for absolutely nothing; a prison that the UN Secretary-General Kofi Annan demanded must be shut down. 
Mokomoko’s dying words were: “Tangohia mai te taura i taku kaki kia waiata au i taku waiata.”—take the rope from my throat that I may sing my song. With this bill we hope that others may note that the rope should be taken from the throat of those in Guantanamo Bay those seeking asylum in Aotearoa and our own youth in prison on remand. We hope that the song that will be sung will be one of a justice system aimed at preventing crime before it occurs wherever possible and that is supporting people who are affected by crime. Whether it is murder slaughter or dispossession through the gallows cannon sword legislation or a prison camp is irrelevant in defining torture or cruel inhuman or degrading treatment or punishment. The key point is that we must continue to vigorously oppose all human rights abuses. We must condemn all acts of torture and we must build hope in restoring our international reputation as a land that values human rights and due access to justice. Kia ora tatou.