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.
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“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, that 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 whilst 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 of 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 many detainees interviewed were never presented with a warrant, and the report characterizes 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,” the report said.
“The Working Group is also alerted to a widespread practice of arrests based on outdated or expired warrants and release after 24 or 48 hours. It has also received information about the practice of detaining individuals, including those wearing electronic ankle monitors, during certain festive periods as a policing technique. Such detentions lasting between 24 and 48 hours have severe repercussions, including loss of jobs due to absence from work,” it continued.
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. The Working Group concludes that conditions of detention do not meet international standards,” the report said, adding that detainees do not spend enough time outside in fresh air.
WGAD said it is furthermore deeply concerned that inmates have not been allowed family visits since the outbreak of COVID-19.
“The Working Group was informed that inmates could contact their families by telephone, but this is dependent on their families placing money in their telephone account.
“Moreover, many phones in the maximum- security section did not function. In the remand section, detainees have no access to phones and must request that prison officers communicate any messages to their family or lawyer. Consistent testimonies indicated that such requests were often not heeded and hindered their ability to contact their family and seek legal representation,” it said.
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 center indefinitely when they could be discharged. CMC
