The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

THE Haitian man shot by a police officer during an immigration exercise last month was shot in the back of the neck, according to a medical report obtained by The Tribune.

The medical report revealed the bullet that wounded 27-year-old Jean-Mary Justilien during an alleged altercation with officials entered at the back of his neck and exited his left cheek.

Justilien was airlifted to Princess Margaret Hospital after he was shot during an immigration round up in Palmetto Point, Eleuthera, on June 9.

He was charged with illegal entry on June 23 and has been remanded to prison until his court appearance on September 25.

The report has renewed calls from local and international human rights groups for a full and transparent investigation into his shooting.

Immigration Minister Fred Mitchell declined comment yesterday.

The Grand Bahama Human Rights Association has raised alarm that the medical report has validated eyewitness accounts that Justilien was running away from officers when he was shot.

According to police in an earlier statement, Justilien was taken into police custody on suspicion of assaulting a police officer and an immigration officer in the execution of their duties.

Police concluded that the alleged assault resulted in the accidental discharge of the police officer’s service revolver “causing injuries to the face and shoulder of the suspect”.

It was initially reported by police that Justilien was shot in the cheek after he attempted to disarm an immigration officer.

At a later press conference, Mr Mitchell said: “During the immigration and police search operations, based on intelligence where illegal migrants were hiding out, a Haitian male, Jean-Mary Justilien, was apprehended and tried to escape lawful custody which resulted in him obtaining some injury.

“After checking our records,” he said, “he (Justilien) is an illegal immigrant. As a result, he was charged in the Magistrate’s Court for illegal entry.”

The medical report, dated July 9, read: “It was alleged that this wound was received during an altercation with an immigration officer during an arrest.”

Justilien was evaluated by the hospital’s surgical team, according to the report, and then discharged on June 11 after doctors determined that no surgical intervention was needed for his injuries.

The report noted that Justilien was alert with stable vital signs when he was assessed by medical staff, who also identified swelling to his left elbow, and small abrasions on his legs.

CT scans (a series of x-rays) taken of Justilien’s brain, facial bones, and neck showed “cerebral atrophy”, a shrinkage in brain tissue, “comminuted displaced fracture of the left maxilla,” meaning the bones in part of his face were in many pieces and not aligned and “a soft tissue hematoma on the left side of the neck with subcutaneous emphysema,” or swelling with blood.

Yesterday, GBHRA President Fred Smith said: “The GBHRA demands a full and transparent investigation of this matter – from the circumstances of the shooting itself, to the question of possible criminal charges against the officers involved, to how the facts came to be so grossly misrepresented by multiple law enforcement agencies.”

“Meanwhile, this young man remains on remand at Fox Hill Prison, without proper medical treatment for his very serious and painful wound.

“Despite the claims Justilien attacked officers, he has been charged with nothing more than immigration violations – a fact that raises further suspicion about the government’s claims, given the circumstances.”

Mr Smith, a human rights lawyer and QC, is Justilien’s legal counsel.

In an interview with The Tribune yesterday, Wade McMullen, managing attorney at the Robert F Kennedy Centre for Justice, criticised the lack of transparency surrounding the incident.

The international human rights advocate also questioned why no charges were brought against the officer responsible for the shooting of an unarmed man.

“The use of deadly force by state agents against an unarmed individual is highly alarming and almost always impermissible under international law,” Mr McMullen said.

“The Bahamian authorities have an obligation to investigate any excessive use of force by their own security forces with due diligence and to hold officers accountable for violations. Thus far the government’s investigation into the shooting of Mr Justillien has been characterised by a significant lack of transparency, treating him as a criminal rather than the victim of a crime.

“If there is credible evidence that Mr Justillien was shot from behind,” Mr McMullen said, “the Bahamian authorities must immediately act with transparency to explain why charges have not been brought against the officer responsible for shooting an unarmed man in the back.”