The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

A UNITED Nations group is concerned that some families in The Bahamas cannot afford to pay for bail, creating inequality regarding access to bail. 

The UN Working Group on Arbitrary Detention released its preliminary report on Friday.

“The Working Group concludes that in many cases suspects are detained pending trial as their families are unable to pay the bail,” the report said. “Examples varied from a mother of several children whose husband was unable to pay the bail to a young man who was waiting for his family to sell property to cover the bail. The Working Group is convinced that the pursuit of justice must avoid inequality and that bail decisions must transcend financial status.”

The WAGD’s comment comes as authorities lament how many people get bail and encourage courts to be more restrictive.

Carlos Reid, a consultant in the Ministry of National Security, recently revealed that 43 per cent of this year’s murder victims were men on bail for serious crimes.

Mr Reid blamed the electronic monitoring system for the statistic, saying the company that provides the service is ineffective. The company’s leader, in turn, said police sometimes fail to act on their notifications about people breaking bail rules.

 The Working Group said it received consistent testimony about ankle monitors malfunctioning.

 “In one instance, an individual was arrested despite having made a telephone call to the private service provider to complain about the malfunction,” its report said. “Moreover, the police station check-ins that rely on biometrics to monitor those on bail do not provide confirmation to verify their attendance.”

 The group encouraged the government to improve the bail system’s technical functioning.

 It also noted that many detainees are awaiting trial while remaining in correctional facilities for a long time. The group encountered a detainee who has been in custody for over a year and has a trial set to begin in January 2025.

“Another individual had been in pre-trial detention for 14 months and was still awaiting his trial date,” the group said. “The Working Group also met some post-conviction detainees awaiting the review of their case following an appeal, who either did not have their trial dates set or their appeal hearings have been scheduled for as late as 2025 and 2028. Everyone charged with a criminal offence has the right to be promptly brought before a judge and to be tried without undue delay. Under international human rights law, detained persons are entitled to stand trial within a reasonable time or to be released.”

 In an interview with reporters, WGAD vice-chair Dr Ganna Yudkivska rejected authorities’ view that people accused of serious crimes should remain in detention for their safety.