The Post

$10k compo for solitary

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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.

 ??  ?? Attorney-General David Parker
Attorney-General David Parker

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