The Tribune

By ADRIAN GIBSON

FRED Mitchell, the Minister of Immigration and Foreign Affairs, claimed on Friday that two Cubans who had been detained unlawfully for nearly three years and released by the Supreme Court last week were “national security risks”, three months after he had sought Cabinet approval for their release on parole into the Bahamian population.

Mr Mitchell’s response, in which he said he was alerting border controls to the potential risk posed by Lazaro Seara Marin and Carlos Pupo Mendoza after their release on writs of habeas corpus on Thursday and ordering an investigation, was in complete contrast to a Cabinet memorandum he wrote on November 13, 2015, which has been seen by The Tribune.

In it Mr Mitchell sought to “seek Cabinet’s approval pursuant to the recommendation of the Department of Immigration to parole into the general population from Her Majesty’s Prison both Cuban-born Lazaro (Seara) Marin, aged 39, and Carlos Pupo Mendoza, age 44.”

On Thursday, Supreme Court Senior Justice Stephen Isaacs issued writs of habeas corpus and ordered the release of Marin and Mendoza from the Department of Correctional Services. The Cubans were deemed to have been unlawfully detained for nearly three years. During the hearing, Deputy Director of Public Prosecutions Franklyn Williams, who appeared on behalf of Commissioner of the Department of Corrections Patrick Wright, submitted to the court that there would be no opposition to the Cubans’ applications.

On Friday, Mr Mitchell released a strongly-worded statement, which said that “the Department of Immigration takes the position that these individuals are a national security risk”.

“We continue to support that position,” Mr Mitchell’s statement said. “Those were the clear instructions from our principals at the highest levels to pursue that position. Those instructions did not change and were not changed.”

Mr Mitchell questioned the ruling, claiming that he has “asked for an investigation then into how a court was persuaded that two people that the government believes with cogent evidence are a security risk, were released into the general population of The Bahamas”.

“All of our border forces have been notified to the potential risk of these individuals being out in the general community and should be so warned,” he said. The minister concluded his statement with the pledge that he expects “to present a full report to the House” on Wednesday.

However, in the memo, signed by Mr Mitchell and by Mychele Mazuir on behalf of Permanent Secretary Philip Miller and submitted to Cabinet on November 16, 2015, Mr Mitchell itemised the historical context of Mr Marin’s and Mr Mendoza’s imprisonment and time in the Bahamas. He said they were residents of the United States, both with criminal records, which meant they continued to be denied eligibility to return. That would also be a barrier to their resettlement in other countries he noted due to the policy of the United Nations High Commissioner for Refugees on persons with criminal records.

The memo, which was attached to a Department of Immigration report from November 10, 2015, recommended they be released into the general Bahamian population with an Asylum Seeker Certificate to prevent their re-arrest and that they satisfied safety criteria. The salient points which Mr Mitchell wrote to his Cabinet colleagues included:

“2. Lazara (Seara) Marin and Carlos Pupo Mendoza had resident status in the United States of America at the time they were apprehended in the Bahamas. Mr Marin was a Lawful Alien Resident, and Mr Mendoza was a Permanent Resident.

“3. Mr Marin was apprehended with eleven other Cuban migrants by the Royal Bahamas Police Force on March 20th, 2013 near Kemp’s Bay, Andros. He was same-day committed to the Detention Centre, New Providence.

“4. Mr Mendoza was found landed at Sandy Point, Abaco, and charged with, and ultimately fined for, Illegal Landing contrary to section 19 (1)(a) and (b) of the Immigration Act.”

“5. The deportation order on Marin is two years and seven months in existence as of March 20th, 2013; and the deportation order on Mr. Mendoza is two years and five months in existence as of June 12th, 2013. Both Mr Marin and Mr Mendoza have criminal records in the United States. To date they continue to be denied eligibility to re-enter the United States as a result of their respective criminal records. Their criminal records are also a barrier to assistance in securing 3rd country resettlement through the office of the United Nations High Commissioner for Refugees (UNHCR). The UNHCR policy bars persons with criminal records from its assistance.”

“6. Mr Marin and Mr Mendoza are currently detained at Her Majesty’s Prison as a result of suspicion of their inciting uprising by other Cuban nationals at the New Providence Detention Centre, and an attempted escape by Mr Mendoza.”

Although Mr Mitchell questioned “how a court was persuaded that two people that the government believes with cogent evidence are a security risk, were released into the general population of The Bahamas” on Friday, he told his Cabinet colleagues, at point seven of the November 2015 memo, that “the annexed Report by the Department of Immigration (a report dated November 10th, 2015) has raised concern with regard to the matter of any substantive legal action and/or concern for the profile of the Bahamas as a result of the lengthy detention of Mr Marin and Mr Mendoza respectively while all diplomatic efforts by the Ministry of Foreign Affairs have to date not yielded a resettlement solution in these matters.”

The Foreign Minister requested the Cabinet’s support in ascertaining the release of Mr Marin and Mr Mendoza into the general population with the issuance of an Asylum Seeker Certificate to each of the men.

He said: “8. It is in the view that colleagues are being asked to support the position as it may arise from time to time to identify long-detained migrants in detention in the Bahamas who satisfy security criteria to be paroled into the general population where repatriation or 3rd country settlement continues to be extant and/or barred.”

“9. It is therefore recommended by officials that Mr Marin and Mr Mendoza be released into the general population with the issuance to each of an Asylum Seeker Certificate in order to prevent their re-arrest.”

Concluding his memo, Mr Mitchell extended an invitation to his Cabinet colleagues to:

“(a) Note that Mr Lazaro (Seara) Marin and Mr Carlos Pupo Mendoza continue to be detained pending deportation for 2 years and 7 months and 2 years and 5 months respectively.

(b) Note that Mr Lazaro (Seara) Marin and Mr Carlos Pupo Mendoza have not been granted eligibility to re-enter the United States of America as a result of their respective criminal records in the United States of America.

(c) Note that a 3rd country resettlement for Mr Lazaro (Seara) Marin and Mr Carlos Pupo Mendoza would not be facilitated by the UNHCR as a result of the UNHCR’s policy not to assist persons on whom there is a criminal record.

(d) Authorise the release of the two men with an Asylum Certificate or otherwise.”

Adrian Gibson is a former Tribune reporter and writes the Young Man’s View column on Thursdays, in which he has written often about human rights violations in the Bahamas. He is a lawyer who was part of the legal team who secured the release of the two Cubans last week. Comments to ajbahama@hotmail.com