The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

A 27-year-old Surinamese woman has sued the government, claiming that an immigration officer drugged her with alcohol and sexually violated her.

A writ filed in the Supreme Court this week alleges that the officer told other officers about his action and the woman was repeatedly denied access to her lawyers even as immigration officials investigated her claims.

The woman was taken into the custody of immigration officials around August 14, 2020 after serving three-and-a-half years in prison. The Tribune understands she had been convicted and sentenced for drug offences.

According to the writ, she was taken to a safe house with other detainees after a detainee at the Detention Centre was suspected of having COVID-19.

An immigration officer tasked with securing the safe house allegedly entered her room on March 11, 2021 and offered her a drink in a disposable hot cup. Surprised by his generosity, the woman asked him about the kind of drink and she was allegedly told it was a mixture of gin, wine and cranberry juice. The officer left the room after giving the woman the drink but repeatedly came back to refill her cup, the suit alleges.

The writ says: “After consuming about five to six cups of the drinks, (the woman) fell sick and became extremely nauseated and weak. She refused the additional alcohol that was still being poured by (the officer). (She) had alcohol before but never felt sick so she decided to go to sleep.

“(The officer) returned when (the woman) was drowsy and very intoxicated and started kissing her and then proceeded to have sexual intercourse with her. (The woman) was too weak to resist (his) sexual exploits and at that point she became highly suspicious that she may have consumed more than just alcohol as she had alcohol before and didn’t feel that way.

“At first (she) thought it was her roommate who had entered the room and then she recognised that in fact (the officer) had re-entered her room and was having sex with her. (She) was concerned about what was happening and asked (he) if he wouldn’t get in trouble for doing this and he said, ‘no I straight.’

“(The woman) was so embarrassed about what happened that she did not tell her roommate immediately. Her roommate came to the room and she saw (the officer) leaving the room. The next morning (the woman’s) roommate told her that during the night while they were sleeping a man came into the room and she was scared. Later, (the woman) asked (the officer) if he came into the room and he said yes he did but they were ‘knocked out’ and that he only wanted to kiss her. (The woman) was experiencing an unusual excruciating pain in her anus and she asked (him) if he had anal sex with her and he said he only had vaginal sex with her. (The woman) had two children before so she was concerned about that pain in her anus that persisted for several days.

“A few days after, a few immigration officers confronted (the woman) to ask about the sexual intercourse with (the officer). She asked (the officer) how is it that so many people were asking her about it and if he was not afraid that he would get in trouble. (The officer) responded that ‘It was too sweet to keep to himself and so he had to tell them about it.’ He also told her he would not be in trouble but if the information got to the right ears the department would quickly deport her and that would be the end of matter as they would not believe her,” the writ claims.

The woman said an immigration officer told her such acts were frequently committed by immigration officers and that the “unlawfulness needed to stop.”

Others allegedly told her she was a snitch and should not have admitted to having sex with the officer.

“One of the officers told her in a threatening manner that she was going to cause problems for their colleague and she was to prepare herself for trouble,” the writ says. “She became fearful that her complaint would not be handled properly by the Department of Immigration, because (the officer) told her that nothing would happen to him and that she would be deported and nothing would come of the incident. She felt intimidated that she was going to be punished with further imprisonment when she was the one who was violated by (the officer).

“Another officer told (her) that it was a frequent occurrence in the Detention Centre for detainees to be sexually assaulted by predatory officers. (She) noted that (the officer) frequently spoke about sex around them while he was on duty at the safe house but he never asked and she never consented to having sex with him.”

Immigration officers interviewed the woman on April 18 and told her she would remain in detention until the matter is investigated. According to the writ, because she feared that she would not be allowed to go home, she did not reveal all details to the investigating officers. She was allegedly too embarrassed to say the officer may have drugged her and had sex with her without a condom and she was surprised to see immigration officers investigating themselves.

She was allegedly refused to have a lawyer present for the interview. She then refused to eat or drink.

“On or around Monday 19 April 2021 (her) flight to Suriname was cancelled and she was interviewed by members of the Royal Bahamas Police Force,” according to the writ. (“She) again asked for her lawyers to be present before giving a statement to the police but they again refused to allow her legal representation. She told the police that she would not speak with them unless her lawyers were present.

“On or around Tuesday April 20, 2021, the police came back to check on (her). They told her that they were concerned as they were advised that she had not eaten. She told the police that she wanted to go home to her children and if they didn’t allow her to go she was going to commit suicide. She again asked to consult with her lawyers and they refused her request. Later that day (she) learnt of her sister’s death in Surname and she became more anxious to return to Suriname.”

On April 21, 2021, the woman was allegedly told her request for lawyers was awaiting approval from the director of immigration. She was subsequently allowed to speak to her sister in Suriname. Her family then contacted Callenders & Co, asking the law firm to represent her.

Ultimately, the Department of Immigration allegedly rejected all attempts by lawyers to see the woman and she was subsequently “expelled from the Bahamas to Suriname,” arriving in that country on April 29. She allegedly told lawyers details about her encounter with the officer immediately on arrival to Suriname.

According to the writ, conditions at the Detention Centre were unsanitary and the woman had to tote water to bathe because there was no water in the showers.

The dorms were said to be dirty and the toilets were out of service.

“The fans did not work and the place was infested with mosquitos,” the writ says. “(The woman) was verbally abused every day and witnessed the beating of some of the African detainees. (She) described the conditions as cruel and inhumane and she had anxiety attacks when she thought she was going to have to remain there until her case was fully investigated.”

The alleged victim is seeking aggravated damages, punitive, exemplary and vindicatory damages and has made claims pertaining to arbitrary and unlawful detention, false imprisonment and breaches of constitutional rights pursuant to Articles 15, 17(1), 19, 25 and 26 of the Constitution and Criminal Procedure Code.

The woman, according to the writ, experienced pain and suffering because of the actions of immigration officers. The sexual violation she allegedly experienced has caused “severe emotional harm, humiliation and degradation to her” as well.

Last month, the Department of Immigration asserted that there was “no substance” to the allegation.

In a press statement at the time, the department said an investigation by its Corruption, Complaints and Intelligence Unit along with the Royal Bahamas Police Force’s Sexual Offenses Unit was concluded in the absence of the woman submitting a complaint.

The statement alleged that the woman denied there was any inappropriate conduct toward her.