Solitary confinement, sexual abuse: Lawyer says alleged treatment of prisoners amounted to torture

10:26 am on 28 March 2025

(File) Human rights lawyer Tony Ellis wants compensation and an apology for two prisoners who say they suffered abuse amounting to torture. Photo: RNZ / Kim Baker Wilson

A human rights lawyer wants compensation and an apology for two men who say they suffered abuse amounting to torture as prisoners more than 40 years ago.

Tony Ellis has sent correspondence to a number of ministers, government agencies and media outlets detailing the experiences of Prisoner A, who says he was punished with solitary confinement in horrible conditions, and Prisoner M, who claims he was sexually abused by a Catholic priest while on weekend release.

Following the findings of the Royal Commission of Inquiry into Abuse in Care, which did not include prisoners in its scope, Ellis said he wanted their cases to be considered through the same lens.

The Royal Commission led to an admission from the government that what some survivors of abuse in state care suffered amounted to torture, andit subsequently apologised.

"[The Royal Commission] does open the doors, because if people who have been abused in state care have been compensated and apologised to, why is there an exception for those in prison, who are also in state care?" Ellis told RNZ.

A spokesperson for Erica Stanford, the government's lead minister for the response, told RNZ that as the scope was set by the previous government, and as Stanford was not responsible for coordinating the inquiry itself, it was "not for her to comment".

Ellis said the claims needed investigating and his two clients should be compensated.

"Both would consider a $150,000 sum plus psychological and psychiatric rehabilitation, legal costs and apologies for a prompt settlement," he said.

Prisoner "A"

The first man, a member of the Mongrel Mob, says that in October 1982 he was detained in "the pound" at Mt Crawford Prison for six months, from 14 October to 16 April.

(File) The old Mt Crawford Prison. Photo: RNZ / Harry Lock

The punishment came after he stabbed another prisoner, adding two years to his existing sentence for assault.

Ellis said the case was meant to be reviewed after a month in segregation, but the review came three weeks late.

The conditions were poor: no bed, rather a rubber mattress on floor, which remained cold and wet, no running water, and no proper toilet. His only contact was with the officers bringing his food and emptying his makeshift toilet - a baby's potty - and being taken to the shower once a week.

He received one hour's exercise per day in a cage off the cell and, despite this, lost 20 pounds during that six-month stay.

When he completed his stay in isolation, the cell he was detained in was condemned and shut down.

The man was currently in prison on different charges, Ellis said.

Prisoner "M"

The second case was of a 17-year-old male, held in detention at Linton Prison (now Manawatū Prison) in 1979 for eight months on joint charges with two others for possession of one ounce of cannabis.

(File) Manawatū Prison, formerly Linton Prison. Photo: RNZ / Simon Williams

During his imprisonment, he was "farmed out on a weekend for sexual favours", Ellis said.

Although legally held by Corrections, M described to Ellis the sexual abuse he suffered at the hand of a priest of the Catholic church.

Ellis said the priest had since been convicted of a separate sexual assault.

"The abuse alleged here included when he was in 1979, 17 years old and legally a young person, he was farmed out on a weekend for sexual favours," he said.

M alleges he was offered alcohol but refused as he was worried about being tested by Corrections staff, before the priest let two Rottweiler dogs out of the bedroom.

Intimidated by the two large dogs, M was forced to undress before the priest performed a sexual act.

At one point, the young man asked to call his mum, and the priest told him if he said a word about what had happened he would call the prison and tell them he had caught him stealing.

The Catholic Church said anyone with a complaint was encouraged to contact the police or the National Office for Professional Standards.

"We have ensured Dr Ellis is aware of that. The National Office for Professional Standards responds promptly to any such concerns or complaints."

M said the mental damage had had lasting effects; he was still unable to hug anyone, including his own sons.

He developed an addition to alcohol, had done five stints in a rehabilitation facility and attempted suicide six times.

Ellis said: "I think the government not taking responsibility for people they've tortured in prisons or prison-like amenities is a shocking truth that we have to live with."

He estimated, based on the number of alleged victims who had approached him over the years, there could be as many as hundreds of similar cases.

The Department of Corrections said it had not been contacted by Ellis, but it did "take allegations of this nature seriously and will assist police in the course of any investigation".

Crown Law said it also took the claims "very seriously" and had referred the letter to Corrections asking it to locate and preserve any relevant records.

"Decisions about what steps should be taken [....] will be made after relevant records have been retrieved and reviewed."

"We have been informed that prisoner records for the years in question will be organised by prisoner name rather than location so it is unlikely the records will be able to be retrieved unless and until the names are provided."

Chief executive of the Human Rights Commission Meg de Ronde. Photo: Supplied / Human Rights Commission

Chief executive of the Human Rights Commission, Meg de Ronde, said they were deeply concerned by the claims.

"Torture and degrading treatment tends to occur in places where people are deprived of their liberty, are in detention, are in prison," she said.

In cases like this, crimes might need to be investigated and prosecuted, prison policies needed constant review and the government should provide redress to victims.

"The obligation doesn't rest on Dr Ellis or on the people who are alleging this abuse, the obligation rests on the authorities."

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