$10k compo for solitary
A convicted murderer will get $10,000 from the Government because he was held in solitary confinement six days longer than legally allowed 18 years ago.
The man’s lawyer says the payment is the first for an international human rights’ treaty breach in New Zealand, and has called it a major step forward for human rights’ law.
John Alfred Vogel, now in his early 50s, was sentenced in 1988 to life imprisonment for the murder of Mt Roskill man Peter Hoey, 47, the previous year. He was released on parole a decade later, but recalled to Auckland Prison at Paremoremo in 2000, after further offending.
His most recent release was July 2014, but he was recalled to resume serving his sentence on October 10, 2014, and remains in prison.
The compensation payment relates to April 2000, when Vogel was sentenced, at his request, to 21 days of cell confinement for having tested positive for cannabis use, and twice refusing to give urine samples for testing. He wanted to deal with his habit, apparently in preparation for an upcoming parole hearing.
However, the maximum sentence permitted in the circumstances was 15 days of solitary.
Years later, Vogel claimed damages against the Crown, alleging he had been tortured and treated disrespectfully.
The High Court and the Court of Appeal both found the failures did not amount to torture, but said it was irrelevant that Vogel had asked for solitary confinement, because the authorities were obliged to stay within the law.
His lawyer Tony Ellis took his case to the United Nations committee against torture, which found in his favour in December 2017, and said he suffered cruel, inhuman or degrading treatment or punishment. While in solitary confinement, Vogel had no access to radio or television, and was confined for 23 hours a day.
He could not make phone calls or have visitors. During the confinement he began talking to himself.
The UN committee was told he was particularly vulnerable because he was chronically depressed and drug addicted, but did not have access to a doctor.
The Government’s response was that Vogel’s rights had not been breached, that Vogel was treated properly and was supervised by prison officers and health staff.
But the committee decided that, in view of his depression, which was known to the authorities, and drug addiction, the solitary confinement and the length of time he was in it, were not proportionate to the purpose being pursued.
The committee urged the Government to fairly compensate Vogel.
Attorney-General David Parker has decided to give Vogel $10,000, plus an unspecified contribution to his legal costs.