The Tribune

By LETRE SWEETING

Tribune Staff Reporter

lsweeting@tribunemedia.net

UNDER detention regulations tabled in the House of Assembly yesterday, a review committee would visit detention facilities quarterly to inspect premises, administrative procedures and the treatment of detainees, including food served, complaints made and requests.

The committee, to be comprised of no fewer than 10 people appointed every three years by the immigration minister, would be required to investigate and report instances where force or restraint is used against a detainee.

Immigration Minister Alfred Sears tabled the regulations, noting the Detention Centre had been operational for almost 20 years without such rules.

The bill’s emergence coincides with a visit to this country from the UN Working Group on Arbitrary Detention, which is assessing the detention situation here. The group will hold a press conference on December 8.

Mr Sears described the absence of regulations as a “critical omission which makes The Bahamas open to international criticism and potential legal challenges.”

“These regulations will also govern procedures at the family detention centres for women and children,” he said.

“For the first time, detainees will be given a written manual in their own language that will outline the rights to be enforced and the responsibilities to be taken by detainees throughout their stay. Interpreters are provided for detainees to facilitate proceedings.”

Mr Sears claimed even though detention centres have lacked regulations, the facilities have been running humanely and properly.

The regulations mandate that officers operate in the best possible way where children are concerned and not form close personal relationships with detainees. Use of reasonable physical force should only be permitted in cases of self-harm, prevention of destruction of property or escape.

Furthermore, no individual should be admitted for detention without proper orders issued, such as a removal order, a detention order, a deportation order, a warrant of arrest, or other legal authority indicating grounds for detention.

Detainees can retain all their personal belongings except cash, electronics, and other valuables, which must be confiscated for safekeeping.

Detainees must take a bath, and a same-sex officer must be present. Detainees are also entitled to three nutritious and edible meals daily at regular intervals. Concessions for religion and education should be available.

Mr Sears said in the future, his ministry would critically review the standard operating procedural manuals for each unit within the Department of Immigration, starting with enforcement and investigation.