IHC welcomes Supreme Court decision confirming unfair detention for intellectually disabled man
IHC welcomes today’s Supreme Court decision that has confirmed the human rights of a man (‘J’) locked away for half of his life have been breached.
J has an intellectual disability and autism, has been detained under the Intellectual Disability (Compulsory Care and Rehabilitation)Act since 2006.
The Court of Appeal acknowledged J’s original offending in2004 as minor, but ruled his ongoing secure detention was justified because multiple experts said he posed a high risk to the public if released.
The original charge carried a maximum penalty of three months in prison or a $2000 fine, but due to his intellectual disabilities and autism, he was found unfit to stand trial.
IHC joined the case, along with the Human Rights Commission,as intervenor in 2024 to assist the Court in understanding the rights of people with intellectual disabilities.
IHC Director of Advocacy Tania Thomas says people with intellectual disabilities deserve appropriate support and the rights they are entitled to under the law – in the same manner that all New Zealanders should be treated.
“This man has been treated unfairly under the law for too long,” says Tania. “This decision will ensure that more balanced considerations occur in future, and people like J will receive more appropriate care and support to be able to work towards release.”
The Court’s new approach in determining how compulsory orders are considered prioritises the importance of each individual’s human rights alongside the seriousness of the offence and the community’s ongoing safety.
IHC will continue to advocate for changes to the disability framework supporting people like J under this Act.
