The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

THE United States has highlighted the Bahamas government’s “intimidation of non-governmental organisations” and efforts by the government and authorities to inhibit “free speech through criminal libel laws” as problems for the Bahamas in its latest human rights report.

The report also referenced alleged cases of immigration officials soliciting bribes from migrants and alleged beatings of migrants and prisoners in custody.

Yesterday, the Ministry of Foreign Affairs said the report had “inaccurate” and in some cases “incomplete” information.

Referring to an incident in which Education Minister Jerome Fitzgerald discussed the emails and financial information of Save the Bays in Parliament last year, the report says: “Cabinet members sought to intimidate a local environmental group by reading its hacked e-mails and financial information from the floor of Parliament, accusing the group of attempting to overthrow the ruling political party.

“The Inter-American Commission on Human Rights requested the government to undertake precautionary measures to protect six members of the environmental group following reported threats against their lives and personal integrity ... An activist with a reform-oriented organisation (also) claimed police questioned him for his activities. Police reportedly investigated the background of a judge who ruled in favour of a human rights non-governmental organisation (NGO).”

Regarding the pursuit of people based on criminal libel laws, the report referred to a case involving an explicit song recorded about Prime Minister Perry Christie and his family, suggesting the pursuit of “suspects” in the case raises questions about the country’s commitment to freedom of speech.

The report says: “Although the International Press Institute called on the government to begin reform and elimination of criminal defamation laws, the government increased its use of libel laws during the year. In August the government arrested two men for a rap song that attacked Prime Minister Perry Christie in explicit language, held them for 36 hours before release, and continued to investigate them for criminal libel. One of the detainees was an outspoken activist frequently critical of the Christie administration.

“In September authorities arrested a lawyer on criminal libel charges for ‘defamatory statements’ intended ‘to inure and expose’ senior police officials to ‘general hatred, contempt, or ridicule.’”

The last example refers to attorney Maria Daxon, who was hauled before the courts on charges of defaming Police Commissioner Ellison Greenslade and Assistant Commissioner of Police Leon Bethel. Ms Daxon was eventually released on $100 bail.

In its report, the US also describes in detail some of the problems encountered by juveniles who interact with the justice system.

“Children as young as 10 years old can be charged as an adult or a juvenile before a criminal court,” the report says. “When a juvenile is arrested and taken into custody, if authorities are unable to contact a parent or guardian, police call in a social worker as a de facto parent. There was no protection to prevent juveniles from being shackled to, or transported with, adult offenders.

“The (Bahamas Department of Correctional Services) maintained a juvenile area at the prison facility; however, there was no strict enforcement of the sight/sound separation of juvenile and adult inmates.”

The report adds that juveniles face a conflict of interest obstacle, as “the government-assigned social worker tasked with protecting and safeguarding the welfare of the child is the same individual tasked with writing the report to the judge recommending the appropriate punishment for the child.”

‘Bribery and beatings’

Over the years, the US has continually identified bribery of immigration authorities as a problem.

Addressing the matter in more detail than usual in this latest report, the US says numerous Haitian migrants “reported being detained by immigration officials and solicited for bribes of $1,000 to $3,000 Bahamian dollars, with the Carmichael Road Detention Centre front office functioning as a clearing house.”

“Many claimed that immigration officers targeted their dwellings once their undocumented status was discovered, demanding multiple bribes,” the report said.

Treatment of prisoners also remains a concern, the report indicates.

Describing an incident not reported to the press, the US alleged: “On July 8, a foreign citizen reported he had been beaten by two or more corrections officers at the Bahamas Department of (Correctional Services). He said that following an altercation with an inmate, prison guards placed him in handcuffs, bent him over a cart, beat him with a PVC plumbing pipe wrapped in duct tape, and then took him back to his cell without providing any medical attention.

“A migrant held in the immigration detention centre in Freeport alleged unprompted, regular beatings from the guards, as well as inappropriate sexual behaviour toward female detainees.”

Other human rights problems highlighted by the US include inefficiencies in the judicial system, the “perception of impunity on the part of law enforcement and immigration officials accused of using excessive force,” as well as “substandard detention conditions, including poor nutrition, violence and discrimination against some, sexual abuse of children and discrimination based on ethnic descent, sexual orientation, or HIV status.”

Similar to previous reports, the US also criticises the government’s contract procurement process, saying its lack of transparency, lack of requirement for public tenders and its failure to review award decisions makes the process “particularly susceptible to corruption.”

On Sunday night, the Ministry of Foreign Affairs and Immigration released a statement which said representatives of the government spoke with representatives of the United States prior to the release of the report.

“During those conversations, it was made clear to the US that the proposed report contained significant inaccurate information with no basis in fact and in some cases incomplete information,” the ministry’s statement said.

“Now that the US report has been publicly released, the Ministry of Foreign Affairs and Immigration is preparing an official response from the Bahamas government and intends to issue a formal protest in this regard.

“With regard to the matter pertaining to the minister of education, the ministry reminds the media that the ruling of the Supreme Court is being appealed and it is only upon the resolution of the matter that it can be substantively addressed further. The media is further reminded that it is the position of the Parliament that no court can injunct the Parliament or MPs in what they can say.”