ACT MP says human rights criticism laughable

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ACT MP David Garrett says criticism his proposed tougher sentencing regime would breach international human rights obligations is laughable because other countries treat their citizens badly.

Ministry of Foreign Affairs (Mfat) officials have joined Attorney-General Chris Finlayson in warning that Mr Garrett's "three strikes" policy could go against United Nations human rights obligations.

Foreign Affairs officials say the proposal to hand down a compulsory 25-year non-parole sentence for the worst criminals after their third serious offence could risk the country's reputation, affecting its ability to influence other countries.

It was also likely to violate two human rights conventions monitored by the UN, one covering political rights and the other, torture and other cruel punishments.

Mfat's claims were "completely laughable," Mr Garrett said.

This was because a leading member of the UN Human Rights Council was Saudi Arabia – "a country notorious for severe oppression of political and religious minorities, homosexuals and women," Mr Garrett said.

"In Saudi Arabia court-sanctioned amputations and brutal lashings are common form of punishment for petty crimes; public execution by beheading can be expected for those convicted of armed robbery or homosexuality."

Mr Garrett said Qatar, another council member, punished consenting homosexuals with five years imprisonments and regularly carried out capital punishment.

"New Zealand is a liberal and progressive nation by any measure. Why then should we be expected to pay any attention whatsoever to covenants set down by barbaric regimes like those of Saudi Arabia, Qatar and other council members?" Mr Garrett asked.

New Zealand has signed both of the international treaties that Mfat believes the proposal may breach.

Mr Finlayson said a few weeks ago the policy "may raise an inconsistency with the right against disproportionately severe treatment".

The New Zealand Herald reported today on Mfat advice, obtained under the Official Information Act, that passing the laws "would pose reputational risks to New Zealand by resulting in international criticism".

The ACT Party bill was backed through its first reading in Parliament by National, while being opposed by Labour, the Greens and the Maori Party.

ACT leader Rodney Hide last week called for the public to back the tough sentencing bill and also said the Government was not committed to backing it past its first reading.

Justice Minister Simon Power said he expected the issues to be debated at the bill's select committee stage.

-NZPA