The rights of a prisoner cannot be withdrawn "just because we don't like him", a law professor explained today following a formal complaint from the man accused of the Christchurch terrorist attacks over how he is being treated behind bars.
A Corrections source told Stuff the prisoner complained he was being denied access to visitors and phone calls from his cell at the Auckland Prison at Paremoremo.
Law professor Chris Gallavin told TVNZ1's Breakfast today the "human reaction" is to ask whether or not the alleged shooter should have rights, which is completely understandable.
However, he said New Zealand had the opportunity to show the world what an appropriate response to the event should look like.
"First of all, civil society has the opportunity to model, as we have done, love against hate, love over hate, and second of all, principle over compromise.
"We make a whole lot of entitlements and rights in the good times to imply in the bad times even though we might feel with every fibre of our body that we want to do the opposite."
While the crime allegely committed by the inmate makes him unlike any other prisoner in New Zealand, he is still entitled to the same rights, Mr Gallavin said.
The minimum entitlements under the Corrections Act state everyone in custody is entitled to exercise, bedding, a proper diet, one private visitor a week, a legal adviser, medical treatment, healthcare, mail and telephone calls.
However, those entitlements can be limited for reasons including to protect the prisoner's safety or if there is a risk he might propagate his hate.
Changes to entitlements have to be reasonable and have to be communicated with him, Mr Gallavin said.
"They can't be be limited because prison authorities, like the rest of us, don't like him."
Mr Gallavin was confident the authorities did have legitimate reasons for any restrictions in place, but if not, the complaint could be upheld.
The alleged shooter appeared in a Christchurch court on March 16, the day after the terrorist attack that killed 50 Muslims while they prayed. He has been charged with murder and remanded in custody without plea until April 5.
The two shootings were at at the Masjid Al Noor on Deans Avenue, across the road from Hagley Park, and the Linwood Masjid.
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