UN body gives damning report on Bahamas

NASSAU, Bahamas, CMC – The United Nations Working Group on Arbitrary Detention (WGAD) is calling on the Bahamian authorities to do more to ensure people under arrest are given access to legal representation.

“The Working Group interviewed numerous detainees who were deprived of any legal representation at the initial stages of the proceedings because they did not have the financial means,” the UN Working Group on Arbitrary Detention said in its preliminary report.

“As a result, individuals who lack the socio-economic resources to secure private legal representation face an increased likelihood of arbitrary detention,” WGAD said, adding that it  met numerous detainees who were not informed of their right to counsel at the outset of their detention, at the police station and were subsequently unable to access counsel as their case progressed including during trial at the magistrate level.

It said further, those convicted by the Magistrates Court and without access to pro bono counsel, were unaware of their right to appeal and unable to exercise it in the seven-day time frame given.

The WGAD said that in one instance, it came across an individual serving a life sentence who did not have a lawyer throughout all stages of criminal proceedings.

“Further, the Working Group was informed that while legally represented suspects have a right to consult with their lawyer prior to a police interrogation, their right to have a lawyer present throughout such an interview is frequently denied.

“The Working Group considers that suspects have the right for their lawyer to be physically present during the initial police interrogations and throughout subsequent pre-trial proceedings and that this physical presence is essential to ensure effective and practical legal assistance.”

The WGAD visited the country from November 27 to December 9 and visited 10 facilities and interviewed over 130 people in detention.

“Despite the ad hoc availability of legal representation at the Magistrates Courts through the legal aid clinic attached to the Eugene Dupuch Law School Clinic and pro bono assistance from members of the Bar Association, much broader access to state-funded lawyers is needed,” the UN group said.

“Only during the trial at the Supreme Court, pursuant to the filing of a voluntary bill of indictment (VBI), does the Supreme Court appoint a lawyer to represent the defendant free of charge from the Public Defender's Office or the crown brief system.

“The Public Defender's Office grapples with an overwhelming caseload and is under-resourced with only six attorneys available. The Working Group calls on the authorities to improve access to legal assistance by strengthening significantly the Public Defender's Office,” it added.

In its report, the WGAD said also that people are too often arrested without a warrant, and arrests are sometimes based on outdated or expired warrants. It also found that detainees are often detained for significantly longer than 48 hours without court-granted extensions.

It said that many detainees interviewed were never presented with a warrant, and the report characterises the powers of police to arrest without a warrant as too broad.

“The Working Group considers that such expanded exceptions to the arrest warrant requirement are not consistent with human rights law. It thus recommends ensuring that warrants are obtained in advance to avoid undermining judicial control of detention.”

Regarding prison conditions, the Working Group highlighted familiar concerns about overcrowding at the prison, particularly in the maximum-security section, where slop buckets are still used and there is a lack of running water and adequate sanitation.

“The Working Group received information that some detainees suffered vision loss due to their detention in darkness,” the report said, noting also recurrent complaints about detainees' inability to access medical care and the absence of treatment for drug-dependent people.

Regarding the detention of people with psychosocial disabilities, the WGAD noted that some people have stayed at the Sandilands Rehabilitation Centre for over 30 years, with the shortage of community-based services potentially causing some to remain at the centre indefinitely when they could be discharged.

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