CAT/C/68/D/852/2017 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 23 January 2020 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention concerning communication No. 852/2017*, ** Submitted by: Paul Zentveld (represented by counsel Victor Boyd from the Citizens Commission on Human Rights New Zealand) Alleged victim: The complainant State party: New Zealand Date of complaint: 10 July 2017 (initial submission) Document references: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 20 November 2017 (not issued in document form) Date of adoption of decision: 4 December 2019 Subject matter: Abuse of children in a State hospital Procedural issues: Admissibility – ratione temporis; exhaustion of domestic remedies Substantive issues: Lack of prompt and impartial investigation; right to an effective domestic remedy and redress Articles of the Convention: 2, 10, 11, 12, 13 and 14 1. The complainant is Paul Zentveld, a national of New Zealand, born in 1960. He claims a violation of his rights under articles 2, 10, 11, 12 and 13 of the Convention. The State party made a declaration pursuant to article 22 (1) of the Convention, effective from 10 December 1989. The complainant is represented by counsel. Facts as presented by the complainant 2.1 The Child and Adolescent Unit at Lake Alice Hospital – a facility within the government Department of Health – operated from 1972 to 1977 under psychiatrist Dr. Selwyn Leeks. The complainant was first admitted to Lake Alice in 1974, when he was 13. He was sent to the hospital by his mother, who considered that she had “lost control” over him. He was diagnosed with a behavioural disorder. His treatment consisted of the * Adopted by the Committee at its sixty-eighth session (11 November–6 December 2019). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego Rodríguez-Pinzón, Sébastien Touzé and Bakhtiyar Tuzmukhamedov. GE.20-01020(E) 

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