2015
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THE FIFTEENTH ANNUAL REPORT
Ombudsman’s Annual Report 2015
Prepared for laying before the House of Representatives and the Senate of Belize pursuant to Sections 28(2) and (3) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize (Rev. Ed. 2000)
Ombudsman’s Annual Report 2015
TABLE OF CONTENTS
Letters to the Legislature ...... 1 Ombudsman’s Message ...... 3 Executive Summary ...... 4 Summary of 2015 Complaints ...... 8 Authorities ...... 8 Subject Matter ...... 11 District Origins...... 23 Status of Investigations ...... 24 Investigation of Pre-2015 Complaints ...... 27 Inter-Institutional Cooperation ...... 28 Applications under the Freedom of Information Act...... 33 Administrative Matters ...... 36 Conclusion ...... 38 Appendices ...... 39 Chart1. Police Complaints 2012 -2015 Chart 2.Status of Investigations How to Make a Complaint The Investigative Process The Ombudsman Act, Important Sections Ombudsman’s Annual Report 2015
Ref: 001/AROMB/2016
The Office of the Ombudsman 91 Freetown Road, Second Floor P.O. Box 1376 Belize City, Belize Central America Tel: (501) 223-3594 Fax: (501) 223-3198 Email: [email protected]
March 1, 2016
Hon. Lee Mark Chang President of the Senate National Assembly Belmopan
Dear Mr. President,
I have the honour to present the Ombudsman’s Fifteenth Annual Report which covers the period of January 1, 2015 to December 31, 2015.
The report is submitted in accordance with Section 28(2) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize, which states: -
“The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.”
Respectfully,
______Lionel Arzu, MSc. Ombudsman of Belize
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Ref: 002/AROMB/2016
The Office of the Ombudsman 91 Freetown Road, Second Floor P.O. Box 1376 Belize City, Belize Central America Tel: (501)223-3594 Fax: (501)223-3198 Email: [email protected]
March 1, 2016
Hon. Mike Peyreffite Speaker of the House of Representatives The National Assembly Belmopan
Dear Mr. Speaker,
I have the honour to present the Ombudsman’s Fifteenth Annual Report which covers the period of January 1, 2015 to December 31, 2015.
The report is submitted in accordance with Section 28(2) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize, which states: -
“The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.”
Respectfully,
______Lionel Arzu, MSc. Ombudsman of Belize
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OMBUDSMAN’S MESSAGE Once again, it is my honour, pleasure and duty to present to the National Assembly of Belize, and to the public, the Fifteenth Annual Report of the Ombudsman. This is my third such report.
As with previous reports, this Fifteenth Annual Report summarizes the work of the Office in 2015 within the framework of the Ombudsman Act, as well as the Freedom of Information Act. My staff and I worked zealously and tirelessly to faithfully carry out our mandate and responsibilities.
I take this opportunity to extend my sincere and heartfelt appreciation to the Honourable Members of Belize’s National Assembly; the Members of the Ombudsman Reports Committee;, and the Staff of the National Assembly for their confidence in and invaluable support given to the Office of the Ombudsman during 2015. Also, I would like to thank my staff individually: Miss Rubiceli Perera, Legal Officer, and Mrs. Winnie Parchue, Investigator, who together reviewed and summarized a tremendous amount of data in preparation of this report; Ms. Trina Lizama, Secretary, for maintaining files and welcoming complainants; Mr. Lyndon Mai, Security Officer, for providing a sense of safety; and Ms. Kimberlyn Marin, Cleaner, for keeping the Office tidy.
I would like to reiterate that I am honoured with the privilege of serving as the Ombudsman of Belize. I cannot emphasize enough the importance of the Ombudsman of Belize in safeguarding the constitutionally guaranteed rights and freedoms of persons, and helping to ensure good and fair governance for the benefit of all.
I hope you enjoy reading this Fifteenth Annual Report and that you remain encouraged and hopeful by our efforts, as well as the efforts of the authorities, to provide redress or justice where complaints are substantiated and to ensure transparent and fair governance. Lastly, I humbly ask for your continued and increasing support to the Ombudsman’s work in 2016 and beyond.
Your Humble Servant I Remain,
______Lionel Arzu, MSc. Ombudsman of Belize
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EXECUTIVE SUMMARY
1. The Fifteenth Annual Report relates generally to the execution of the Ombudsman’s two main functions during the period January 1, 2015 to December 31, 2015. It is required by the Ombudsman Act, Chapter 5, Substantive Laws of Belize (Rev. Ed. 2000).
2. Since the Ombudsman’s primary function is to investigate complaints of wrongdoings, corruption, injustice or injury by (public) authorities, a large part of the Report is dedicated to summarizing the complaints received, and making some recommendations. The Report also gives an account of other related activities and administrative matters. Furthermore, since the Freedom of Information Act (FOIA) Chapter 13, Substantive Laws of Belize (Rev. Ed. 2000) empowers the Ombudsman to review the decisions of public authorities refusing or deferring access to public documents, this Report gives a summary of the 2015 review of applications.
3. In 2015, the Ombudsman received a total of two hundred and seventeen (217) new complaints of wrongdoings, corruption, injustice or injury. The figure would be higher were it not for the fact that several complainants had substantially similar complaints and were grouped as one complaint; one or two Cuban prisoners complained on behalf of 11 to as many as 31 prisoners detained for illegal entry into Belize.
4. Ninety-one (91) new complaints (or 41%) were made against the Belize Police Department (BPD). The remaining new complaints were made against the Courts system and proceedings (17%); various other authorities (16%); Lands & Surveys Department (8%); Immigration & Nationality Department (5%); Department of Human Services (3%); and private persons (10%). To facilitate the resolution or investigation of complaints, the BPD and the Ombudsman have been meeting monthly since January 15, 2015.
5. In 2015, people complained of all kinds of misconduct, injustice and injury. The subject matter of these complaints included non-existent, inadequate or improper police investigations; unjustifiable or excessive force by BPD; the commencement or conduct of court proceedings, such as delays in trials and appeals; and misconduct by immigration and nationality officers.
6. Most of the 2015 complaints (77.9%) originated from the Belize District. The Cayo District accounted for the second largest percentage (9.7%). The remainder were spread evenly among the other four districts.
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7. The status of investigation of the 217 new complaints is as follows: 33.6% are Under Investigation 1.4% have been Investigated 58.5% have Not Been Investigated 6.4% have been Resolved by other Means
8. A little less than half of all new complaints have been either investigated, resolved or under investigation. For the complaints under investigation (73 complaints), letters have been sent notifying the authorities of the allegations and requesting their comments, as required by the Ombudsman Act. Approximately 21 comments have been received.
9. There are two main reasons why new complaints have not been investigated: one, the Ombudsman does not have jurisdiction to investigate or, two, reasonable cause has not been established. Despite the lack of jurisdiction, the Ombudsman, in the spirit of public service or on humanitarian grounds, wrote letters to the authorities for assistance or guidance. In some instances, the complaints were referred to entities such as the Legal Aid Centre and attorneys-at-law.
10. In 2015, the Ombudsman completed thorough investigations of three (3) complaints made in 2014 and 2013, respectively. These complaints dealt with the alleged abuse of a child who was in the care of a government aided primary school; the killing of a mentally ill man in Toledo by the police; and the infection of a young child with the HIV/Syphilis contaminated blood obtained from a local blood bank. The Ombudsman presented his findings and recommendations, which are being considered by the authorities.
11. The Ombudsman increased and formalized collaboration, and signed a Cooperation Agreement with the Control Yuan of Taiwan on November 12, 2015. Also, similar Agreements have been drafted with the BPD and Mexico’s National Commission for Human Rights, respectively; these are scheduled for signing in January 2016. The general purpose of these agreements is to facilitate the investigation of complaints and/or to strengthen cooperation and practices involving the protection of human rights. The Ombudsman also took part in several regional and local meetings dealing with human, civil and political rights.
12. In 2015, the Ombudsman received two FOIA applications for review of the decisions of the Geology and Petroleum Department (GPD) and the Belize Port Authority (BPA), respectively, denying or deferring access to public documents. During the course of the Ombudsman’s review of these decisions, the GPD gave access to many of the documents
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requested. The review of the BPA’s decision is currently with the Attorney General’s Ministry, for advice on the question of fees. On the topic of freedom of information, the Ombudsman attended a Regional Summit on Transparency and Personal Data Protection in Mexico City in December 2015.
13. In 2015, the Ombudsman was allocated a budget of approximately $269,000 (Belize Dollars) to cover staff, operating and all other expenses. A new investigator, Ms. Winnie Parchue, was hired to replace the former Records & Research Officer, Mr. Clarence Slusher. Ms. Trina Lizama, Secretary/Receptionist, received training in customer service. The Office continued to function with a small staff of five (5) full-time and one part-time employees, and one vehicle. The Office of the Ombudsman requires additional resources – staff, books and software - to improve the investigation and resolution of complaints; to better deal with FOIA applications; and to increase its presence in the other five districts.
14. This Fifteenth Annual Report includes recommended areas for improvements in the administrative functions of the authorities complained against. These recommendations are listed in the applicable sections. They include: More training and resources for the BPD in investigations More training of the BPD in and adherence to the provisions protecting fundamental rights in the Belize Constitution, particularly, the right to life, personal liberty, privacy, due process of law and protection from arbitrary search or entry. The Ombudsman, National Human Rights Commission and others can assist in training. Amend the Criminal Code to incorporate the definition of torture (which includes the intentional infliction of mental suffering) and other provisions that are stated in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment More body and other cameras for the BPD Abolition of the practice of requiring recommendations from Area Representatives before accepting applications pertaining to national lands. Lots Committee should be bi-partisan. All transactions at the Lands and Surveys Department should be reduced into writing for the benefit of the interested parties, every time. To reiterate what was stated in the Fourteenth Annual Report, every land transaction should be logged in real time in a database, which forms part of a network that is updated frequently. The database and network should be protected from internal or external manipulation. Information on all land transactions should be made available online for
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interested persons - applicants, lessees, landowners, and purchasers. Lands should not be compulsorily acquired except for public purposes and with adequate compensation paid. The conflict between the practice of indigenous land ownership and the modern system of land ownership should be resolved systemically. The Belize Constitution should be amended to expressly incorporate the international recognized human right to clean water, as well as other social, cultural and economic rights contained in the United Nations’ International Covenant on Economic, Social and Cultural Rights. The government should exercise more oversight, particularly in setting of rural water supply rates. A comprehensive migration policy and plan should be formulated and implemented The Legal Aid Centre’s staffing should be increased to handle private complaints. Policies regarding certain claims or proceedings handle should be revisited and the Legal Aid should eventually operate autonomously Public Defenders should be appointed, either separate from or as part of the Legal Aid Centre. Repeal corporal punishment of minors in the Criminal Code (See Section39), Prisons Act and elsewhere Authorities should adhere to Section 21A (1) of the Freedom of Information Act (FOIA) which prohibits confidentiality clauses in public contracts The Attorney General’s Ministry should issue guidelines concerning fees and costs payable under the FOIA and, generally, promote enforcement of the Act. The repeal of Section 29 of the FOIA, which protects trade secrets and business information, by Freedom of Information (Amendment) Act No. 7 of 2008 discourages innovation and enterprise and violates Paragraph (e) of the Preamble of the Belize Constitution
15. One concern is that, generally, past recommendations from the Ombudsman have not been implemented. This is true of the recommendation to establish a National Human Rights Institution, which was made by the Human Rights Committee of the United Nations and reiterated in the Ombudsman’s Annual Reports. It was also recommended that the Ombudsman be made a constitutional office. It is hoped that, despite financial constraints, authorities are willing to consider recommendations to improve public administration and protect and promote fundamental human rights.
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SUMMARY OF 2015 COMPLAINTS
16. Between January 1, 2015 and December 31, 2015, the Ombudsman received a total of two hundred and seventeen (217) complaints of wrongdoings, corruption, injustice or injury. The figure would be higher were it not for the fact that several complainants had substantially similar complaints and were grouped as one complaint; one or two Cuban prisoners complained on behalf of 11 to as many as 31 prisoners detained for illegal entry into Belize. Most were hoping to reach the United States of America.
17. The following sub-sections give a breakdown of the complaints by Authorities; Subject Matter; Geographical Origin; and, Status of Investigation.
AUTHORITIES
18. The Ombudsman can investigate complaints made against authorities, officers or members thereof; authorities are government entities or government owned companies. Section 2(1) (a) – (d) of the Ombudsman Act defines authorities as a Ministry, Department, or Agency of Government; Belize Police Department; other statutory body or authority; or a company registered under the Companies Act being a company in which the Government holds not less than fifty-one per centum of the ordinary shares and so declared by the National Assembly.
19. Ninety-one (91) new complaints (or 41%) were made against the Belize Police Department (BPD). The remaining new complaints were made against the courts system and proceedings (17%); various other authorities (16%); Lands & Surveys Department (8%); Immigration & Nationality Department (5%); Department of Human Services (3%); and private persons (10%).
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20. The following is an exhaustive list of the authorities complained against:
o Alcalde o Attorneys -at-Law o Belize Coast Guard o Belize Defense Force o Belize Electricity Limited o Court of Appeal o Family Court o Department of Human Services o Immigration & Nationality Department o Lands & Surveys Department o Legal Aid Center o Magistrates Courts o Ministry of Works o Police Department o Port of Belize Limited o Prisons Department o Private Persons o Public Hospitals & Clinics o Supreme Court o Ministry of Education o Treasury Department o University of Belize o Vital Statistics Unit o Water Board
Figure 1, below, shows the distribution of complaints (in percentages) among the authorities.
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Authorities
Police Department Courts & Proceedings 10% 8% 3% Other Authorities 5% 16% Private Persons
Lands & Surveys 17% 41% Human Services
Immigration & Nationality
Figure 1. Authorities Most Commonly Complained Against, in Percentages
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SUBJECT MATTER
21. The subject matters of the 217 new complaints made against the above-listed authorities vary widely. The more common complaints are summarized below.
Police Misconduct
22. The types of police misconduct most often alleged are the following:
. Investigations - Refusal or Neglect to Investigate or Improper Investigations . Unjustifiable or Excessive Force . Malicious Prosecution and False Imprisonment . Dishonest Conduct . Unreasonable Search & Seizure
Investigations
23. In 2015, complainants expressed dissatisfaction and injustice with the investigations conducted, or not conducted, by the BPD. Many felt that officers of the BPD either refused or neglected to investigate or improperly investigated their reports of criminal activities. The criminal activities reported included reports of a missing teen, child abuse, domestic violence, and assault. In addition, five (5) separate complainants alleged that the police refused or neglected to investigate reports of road traffic accidents that had resulted in grievous harm or deaths. Furthermore, some complainants alleged that officers of the BPD did not conduct identification parades or investigate alibis. One or two complainants alleged that officers requested payment to expedite or hinder investigations.
Unjustifiable or Excessive Force
24. In 2015, fewer complainants alleged unjustifiable or excessive force, unwarrantable violence or ill treatment than they did in 2014, but the number of complaints was still high. The type and degree of force alleged to have been unjustifiably used varied greatly from complaint to
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complaint. By far the most serious allegation was made by relatives on behalf of a repeat offender from Dangriga Town, Stann Creek District. The police officers were accused of beating him so severely while he was in their custody that he was unable to stand or plea at his arraignment. The Ombudsman suggested the Complainant contact an Attorney-at-law for advice on his legal options.
Malicious Prosecution & False Imprisonment
25. Some complainants alleged that they were unlawfully detained or charged by the BPD for crimes (allegedly) committed by others, contrary to the guarantees of the Belize Constitution regarding personal liberty and due process of law. A number of complainants also alleged “harassment” by members of the Gang Suppression Unit.
Unreasonable Search and Seizure
26. In 2015, persons also complained about unreasonable search and seizure, that is, officers or members of the BPD “barging” into their homes at all hours of the day or night without a search warrant, contrary to provisions of the Belize Constitution.
Dishonest Conduct
27. Complainant also alleged that officers of the BPD stole property when conducting searches. In two instances, the officers were placed on interdiction, with 50% salary in abeyance. The criminal charges of theft against them were dismissed. These matters are before the Security Services Commission.
Other Complaints
28. The other complaints against the BPD concerned the handling of exhibits after the conclusion of case; domestic violence by officers of the BPD; causing road traffic accident and property damage; unwillingness to take statements of non-English speakers (discrimination); discourtesy and disrespect.
Figure 2, below, provides a breakdown of the complaints against the BPD.
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Police Complaints
Investigations
Excessive Force
25% Malicious 28% Prosecution etc. Unreasonable Search & Seizure 10% Theft
10% 20% 7% Other
Figure 2. Complaints against the Belize Police Department, by Percentages
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Actions by the BPD
29. The total number of complaints against the BPD is the lowest since 2012, but remains relatively high. Please see Annex 1, Chart 1 for the Total Annual Complaints against Police, 2012 to 2015. Since January 2015, the BPD and the Ombudsman have been meeting monthly to facilitate the investigation or resolution of complaints. A Memorandum of Understanding on Cooperation between the BPD and the Ombudsman has been drafted and is scheduled to be signed in January 2016. Other efforts have been made to improve the situation. In February and September, the Ombudsman conducted higher level meetings with the Commissioner of Police and the Chief Executive Officer of the Ministry of National Security regarding complaints. In March, the Ombudsman gave a presentation on the role of the Ombudsman to new recruits at the Police Training Academy. (In April, the Ombudsman gave a similar presentation to enlisted officers of the Belize Defense Force).
30. To help improve the criminal investigations process – in order to ensure fair and expeditious trials - the following Acts, Rules and Guidelines will be promulgated in 2016: Criminal Procedure Rules Protection of Witnesses during Investigation and Trial Commissioner of Police’s Rules for Interviewing Persons in Detention Electronic Recording of Interviews Video Links in Proceedings Sentencing Guidelines Costs
These rules and guidelines are largely the result of Criminal Justice Board’s efforts, which was advised by Ms. Sarah Fearnley of the United Kingdom, and on which the Ombudsman was represented.
Recommended Areas for Improvement
31. It is believed that most of the complaints against the BPD stem from the first and foremost complaint, investigations. Assuming the allegations are true, possible explanations may be lack of proper training and resources, and low morale.
32. The following are recommended as areas needing improvements:
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More training in and adherence to the fundamental rights enshrined in the Belize Constitution, particularly, the right to life, personal liberty, privacy, due process of law and protection from arbitrary search or entry. The Ombudsman, Human Rights Commission and others can assist in training. More training and increased resources for investigations Amend the Criminal Code to incorporate the definition of torture (which includes intentional infliction of mental suffering) and other provisions that are provided in the United Nations’ Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. To reiterate the recommendation in the Fourteenth Annual Report, police officers and vehicles should be equipped with cameras to help reduce the number of allegations of “Police Brutality”.
Courts and Proceedings
33. Many complainants were dissatisfied with the Courts system and court proceedings – that is, the Court of Appeal, Supreme Court, Magistrate’s Court and Family Court. Although Section 12 (3) (b) and Paragraph 1, Third Schedule of the Ombudsman Act prohibit the Ombudsman from investigating the commencement or conduct of court proceedings, this class of complaints has been included in this Report because of its prevalence.
Court of Appeal
34. Complaints against the Court of Appeals were from inmates at the Belize Central Prison. The common complaint is the inordinate delay in hearing appeals from decisions of the Supreme Court. Many inmates filed their Notices of Appeal, with or without Grounds, years ago. Quite a few prisoners filed their appeals without legal advice. This may have presented some deficiencies in the form or substance of their appeals, which contributed to the delays. Also, it is widely acknowledged that the appellate system is overwhelmed with pending appeals. In most instances, letters were written to the Deputy Registrar General (Court of Appeals) for information or guidance.
Supreme Court
35. Likewise, complaints against the Supreme Court of Belize were mostly from inmates at
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the Belize Central Prison. The most common complaint is the inordinate delay in conducting trials; many complainants have been on remand for years. Other complaints included unreasonable sentence; delays in hearing appeals; calculation of sentence; the handling of alibi and other evidence; and unreasonable conviction. These complaints are closely connected to the appellate (Court of Appeals) process. In most instances, letters were written to the Registrar General of the Supreme Court for information or guidance. Some were referred to attorneys-at- law, since lack of legal representation post-conviction is a problem.
Magistracy, Family Courts and Alcalde
36. The complaints against the Magistracy, Family Courts and Alcalde included o Too many adjournments o Appearance of bias or impropriety o Aggravated Assault o Refusal to listen to the evidence offered o Unreasonable sentence o Refusal to return bail money o Lost files o Inordinate delays in making transcripts available for appeals o Inordinate delays in getting distress or committal warrants served for recovery of maintenance arrears o Delays in depositing maintenance payments in users’ accounts o Unlawful detention o Misconduct outside of the courtroom
Lands and Surveys
Impropriety concerning national lands
37. Many complainants alleged procedural impropriety when dealing with applications to lease national lands, which impropriety resulted in economic loss and injustice. The types of impropriety alleged varied. Some complainants alleged that, although their initial applications were accepted, they never received a receipt or lease document; the lands were subsequently leased to other persons and they are now facing eviction and loss of investments.
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to lease national lands because they could not obtain the recommendation of the Area Representative. The recommendation of the Area Representative is not required by law but is “established” practice. This group consist of occupants in the “Gungulung” area of Belize City. Up to thirty seven (37) occupants allege that they are being evicted after peacefully occupying these national lands for years and after having cleared the area and erected (modest) homes. The former Area Representative publicly promised “titles” to the complainants, and gave at least thirteen (13) complainants sand to fill their lots. The Area Representative then refused to give them his recommendations, and the Lands and Surveys Department refused to allow them to make their applications. These lots are with the Minister of Lands for resolution.
39. Other complaints pertaining to lands and surveys include: . Trespass and uncertainty regarding ownership, particularly within Mayan communities . Inadequate compensation for compulsory land acquisition, and . Lack of roads or access to lots in certain communities
40. Some persons visited the Ombudsman not to make a complaint but to request assistance with obtaining assistance with transactions, such as application for grant of letters of administration and transmission of title; lease applications; or transfer of lease. Such persons were referred to the Legal Aid Department or to an Attorney-at-Law.
Recommended Areas for Improvements
41. The Minister of Lands, aided by the Lots Committees, is the legal authority for dealings in national lands. It is recommended that: . Lease applications which are otherwise proper should be accepted without the recommendations of the Area Representatives. Lots Committee should be bi-partisan. Procedural requirements and protocols should be observed in every case. . Every land transaction should be reduced to writing for the benefit of all interested parties. Receipts and other writings should always be issued. . To reiterate what was stated in the Fourteenth Annual Report, every land transaction – from searches to application to titles, transfer and other transaction- should be logged in real time in a database, which forms part of a network that is updated frequently. Also, land applications and transaction information should be made available online for interested persons, that is, applicants, lessees, landowners, and purchasers.
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. Databases and networks should be protected from internal or external manipulation. . Lands should not be compulsorily acquired except for public purposes and with adequate compensation paid. . The dispute between the practice of indigenous land ownership and the modern system of land ownership should be resolved systemically. . More roads need to be constructed and paved
Note that the Ombudsman met with the Commissioner of Lands, the Deputy Commissioner of Lands and the Chief Executive Officer of the Lands and Surveys Department in June and September to discuss complaints.
Misconduct, Injustice or Injury from Other Authorities
42. Almost one fifth of the complaints were made against various “other” authorities. These are summarized below.
Prison complaints
43. In 2015, the Ombudsman and his staff visited the Belize Central Prison on several occasions and met with prisoners and staff of the Prisons Department and Kolbe Foundation. The complaints from prisoners included: . Conduct of trials and Appeals against Conviction and Sentence (above) . Parole and Remission of Sentence . Medical Treatment of ill prisoners . Detention of illegal migrants, during and after term of sentence
44. In September 2015, the Ombudsman and his Legal Officer appeared on a live radio show to receive and answer questions from Prisoners. The radio show was broadcasted to prisoners over the p ublic announcement system.
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45. In October 2015, the Ombudsman’s Legal Officer and other Attorneys-at-law prepared bail applications for approximately fourteen (14) incarcerated youths at the Prison’s Wagner’s Youth Facility. This effort, coordinated by Miss Audrey Matura-Shepherd, Attorney-at-Law, was part of the Pilot Jurist Project. The applications were filed and heard in Court.
Complaints against other authorities
46. Complainants also alleged the following wrongdoing, corruption, injustice or injury by authorities other than the ones mentioned above: Miscalculation of pension Medical negligence – doctors performed (a not medically necessary) surgical procedure without consent Psychiatric outpatient treatment by public hospitals or clinics not helping mentally ill; the monthly sedating shots have paralyzing and painful side effects for days Roads, electricity and water needed in certain areas of San Pedro Ambergris Caye; road need in Bullet Tree, Cayo District Suspension for nine (9) years with pay by the Ministry of Education Miscalculation of holiday pay by the Ministry of Education after disciplinary action for child corporal punishment Harassment; negligent shooting; misconduct; and, wrongful dismissal at the Belize Coast Guard Denial of license to operate a Muslim kindergarten and primary school Lost marriage certificate at the Vital Statistics Unit Legal Aid Center - discourtesy; inability to speak with an attorney; and delay or neglect in preparing legal documents or representing clients Unusually high electricity bill Exorbitantly high water supply connection fee
Recommended Area for Improvements
47. Although most of these complaints are still under investigation, it is apparent from the complaint involving (rural) water supply that Water Boards and the corresponding governmental authorities need to exercise more oversight over water rates and related matters for the benefit of consumers, especially those with lower incomes.
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48. Because water is essential to life, it should not be made exclusively subject to private contract and relative bargaining power. Therefore it is also recommended that the Belize Constitution should be amended to expressly incorporate the international recognized human right to clean water, as well as other social, cultural and economic rights, contained in the International Covenant on Economic, Social and Cultural Rights.
Immigration and Nationality Proceedings
49. The primary complaint against the Immigration and Nationality Department originated from a group of illegal migrants from Cuba numbering eleven to as many as thirty one (31). The migrants are detained at the Belize Central Prison; most were trying to reach the United States of America.
50. Most do not want to be deported back to Cuba for fear they might be imprisoned once there, and would prefer to be removed to a place where they last entered legally. One concern is the cost of removal or deportation. If tickets cannot be purchased, either by the Government of Belize or the migrants, there is a real possibility of detention with an unknown release date after sentence has been served.
51. These migrants believe that such detention with the general prison population is unconstitutional. It violates Articles 3 and 9 of the Universal Declaration of Human Rights which guarantee the right to life, liberty and security of person and prohibits arbitrary arrest, detention or exile. It also contravenes Section 5 (1) of the Belize Constitution, which states: “(1) A person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say: - (i) for the purpose of preventing [emphasis added] his unlawful entry into Belize or for the purpose of effecting [emphasis added] his expulsion, extradition or other lawful removal from Belize…”
52. Other complaints against the Immigration and Nationality Department include: o Corruption o Delays in processing application for Belizean permanent residence and/or citizenship o Lost travel documents
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o Delays in processing applications for asylum or refugee status o Abuse and discrimination, especially at border points
53. A family from Honduras is seeking asylum in Belize, after fleeing from the criminal gangs in Honduras. In June 2015, the Eligibility Committee of the Refugee Unit was re- activated to consider this and other applications; the Ombudsman attended the inauguration. Also, complaints concerning lost travel documents, abuse and discrimination are being investigated. The International Organization for Migration (IOM) and Help for Progress, a local NGO (non-governmental organization) were contacted for assistance with complaints. In July, the Ombudsman participated in a two day workshop concerning the Formulation of a Migration Policy and Plan, which has been recommended for Belize.
Department of Human Services
54. Most of the complaints against the Department of Human Services involve child custody and maintenance, some of which are/were before the Family Courts. These alleged: o Procedural impropriety o Bias, neglect or delay when conducting social enquiries and preparing reports o Neglect in investigating reports of child abuse o Ineffective rehabilitation plan for youths
55. A couple of complaints involved disciplinary matters for violating established protocols at the youth hostel or for disorderly conduct at work. The Department, Ministry of Human Development and Public Service Commission are investigating these complaints. In June 2016, the Ombudsman met with the Hon. Dale Cayetano, Director of the Family Court, regarding complaints against that Court.
56. In July 2015, the Legal Officer and Investigator did a presentation on the Role of the Ombudsman on the State’s Response to Gender-based Violence. In October 2015, the Legal Officer participated in a Legal Aid Clinic in the San Isidro and Bella Vista villages in the Stann Creek District. This Clinic was part of the project BA1 Prevention of Violence against Women in Central America, which seeks to reduce female trafficking, violence and femicide. Attorneys-at- law volunteered their time and services at clinics throughout the country. Furthermore, during the course of 2015, several consultants from the Caribbean and Belize visited the Office as part of a monitoring and evaluation component of the
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United Nations Trust Fund Project on Gender-based violence and the BA1 Project, respectively; Consultants included Ms. Gabrielle Henderson, Dr. Anita Tzec and Dr. Yasmin Andrews.
Recommendations
57. It was brought to our attention that corporal punishment of minors is still allowed, and practiced. This violates the rights of the child. Therefore, it is recommended that all corporal punishment of minors be criminalized - in the home, prisons, schools and elsewhere. Domestic laws such as the Criminal Code (See Section 39) and the Prisons Act should be modified to bring them in alignment with the Convention on the Rights of the Child.
Private Complaints
58. Complaints against private persons made up a relatively large percentage of the complaints (10%). Although Section 12 (1) and 2 (1) of the Ombudsman Act prohibits the Ombudsman from investigating these complaints, it is necessary to account for them in this report. Some involved civil disputes: breach of contract; wrongful dismissal; landlord and tenant disputes; deceit; private nuisance. Others were more criminal in nature: assault; theft or misappropriation; human trafficking; and domestic violence. Recommended Areas for Improvement
59. Although these could not be investigated, the fact that they were made indicates the need for low cost legal services. Therefore, it is recommended that: o The Legal Aid Centre’s staffing should be increased to handle these complaints o The Centre’s policies regarding claims against public authorities or for certain sums should be revisited; the Centre should operate more autonomously o Public Defenders should be appointed, separate from or as part of the Legal Aid Centre.
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DISTRICT ORIGIN
60. Approximately 77.9% of all new complaints originated from the Belize District. The Cayo District accounted for the second largest percentage, 9.7%. The remainder were spread fairly evenly among the other four districts. The number of complaints from the Belize District increased significantly from 52.7% in 2014 to 77.9% in 2015. Also, the percentages of new complaints from the other five districts decreased in 2015 when compared to 2014.
See Figure 3, below, for 2015 percentages
450
169 400
350
300
21 250 6 10 6 5 District Total 200 Country Total
150
100
50
217 217 217 217 217 217 0 Corozal Orange Belize Cayo Stann Toledo Walk Creek
Figure 3. Complaints, by District
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Ombudsman’s Annual Report 2015
STATUS OF INVESTIGATION OF COMPLAINTS
61. The status of investigation of the 217 new complaints received between January 1 and December 31, 2015 is as follows: 33.6% are Under Investigation 1.4% has been Investigated 58.5% have Not Been Investigated 6.4% have been Resolved by other Means
62. A little less than half of all the new complaints have been either investigated, resolved or under investigation. For those that are under investigation (73 new complaints), letters have been sent notifying the authorities concerned of the complaint against them and requesting their comments. Section 17(1) of the Ombudsman Act requires this opportunity to comment. Twenty one (21) comments have been received to date.
63. There are two main reasons why complaints have not been investigated: one, the Ombudsman does not have jurisdiction; two, reasonable cause for investigation has not been established. The Ombudsman Act specifically prohibits complaints against the Courts and court proceedings (civil and criminal); private persons; immigration and nationality; national security or military services; and matters within the purview of the Public Services Commission and sub- committees thereof. (Please refer to Sections 2, 12 and the Third Schedule, Ombudsman Act, for limits on the Ombudsman’s jurisdiction).
64. The Ombudsman did not have jurisdiction to investigate a little over half of the 58.5%. Although complaints were not investigated due to lack of jurisdiction, the Ombudsman, in the spirit of public service or for humanitarian reasons, wrote letters to the authorities; an example is the complaints from prisoners awaiting trial or hearing of appeals. A few authorities replied.
65. For the remainder of the 58.5%, the Ombudsman has jurisdiction but reasonable cause had not been established. Enough proof had not been submitted to the Ombudsman to justify his intervention; sometimes a sworn statement is enough but other times additional information is required.
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66. Of the 6.4% that were resolved by other means, they were resolved by referral to Legal Aid Center or an Attorney-at-law; by making phone calls; or by a letter or some action which later resulted in the parties settling the matter and discontinuing the complaint.
67. Of the complaints investigated, no findings and recommendations were made. Please see Figure 4, below, for a breakdown of the status of investigation. Also, please refer to Annex 1, Chart 2 for a more detailed listing of the status of investigation of the complaints against the various authorities and persons.
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Ombudsman’s Annual Report 2015
400
127 350
73 300
14 250 3 0
200
150
100
50
217 217 217 217 217 0 Under Inv. Investigated Findings & Not Investigated Resolved Recommend. otherwise
Annual Total Status Total
Figure 4. Status of Investigation of new complaints, 2015
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INVESTIGATION OF PRE-2015 COMPLAINTS
68. In addition to the handling of new complaints, the Ombudsman also continued to investigate previous years’ complaints. In 2015, the Ombudsman completed in-depth investigation of three (3) complaints made in 2014 and 2013, respectively. The 2014 complaints dealt with the alleged failure of a Belmopan government aided primary school to protect a child from abuse, and the killing of a “mentally ill” man by Officers of the Toledo Police Formation, respectively. The 2013 complaint was made on behalf of a female who, in 2002, was fatally administered blood contaminated with the H.I.V. and Syphilis virus and which was obtained from the local blood bank.
69. Regarding the complaint against the school, the Ombudsman found that neither the School nor its Staff committed any wrongdoing. The school took appropriate measures to ensure the child’s safety when he was in their custody. The medical and other evidence was inconclusive as to what or who caused the child’s injuries. Regarding the complaint against the Police Department, the Ombudsman found that the Police Department acted unlawfully when they showed up heavily armed to the deceased’s home without a warrant two days after an alleged report of the deceased brandishing a machete in public. Furthermore, the Ombudsman found that the deceased was not given adequate psychiatric treatment, and was unsupervised despite his mental and behavioural disorders. The Ombudsman presented his findings and recommendations to the complainant and authorities.
70. Regarding the complaint of the child victim of medical and professional negligence, the investigation could not move forward because the child’s parents in 2002 signed a release of all claims and causes of actions against the authorities in return for compensation of $75,000 bzd. Although as an adult the female wished to revisit the matter for adequate compensation and justice, the authorities were generally uncooperative. Sadly she died in December 2015. Again, the parents alleged that the Hospital staff wrongfully accelerated her death when they administered a muscle relaxant intravenously. The Hospital was considerate enough to conduct its own internal investigations and answer the parents’ questions. In November 2015, Dr. Peitra Arana, Coordinator of the U.S.A.I.D. PASCA National HIV Response Project met with the Ombudsman regarding complaints.
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Ombudsman’s Annual Report 2015
INTER–INSTITUTIONAL COOPERATION
71. On November 12, 2015, the Ombudsman signed a Cooperation Agreement with the Control Yuan of Taiwan. The purpose of the Cooperation Agreement is to strengthen cooperation and practices in the area of human rights through high level and working level meetings, visits, exchange of experiences and best practices, technical assistance and training.
Center L. Lionel Arzu; Center R. Dr. Po-Ya Chang.
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72. A second Collaboration Agreement with Mexico’s National Human Rights Commission has also been drafted and is scheduled for signing on January 14, 2016. The impetus for this Collaboration Agreement was a courtesy call paid to the Ombudsman in 2015 by the Ambassador of Mexico to Belize, His Excellency Carlos Quesnel Melendez, and his Charge d’Affaires Mr. Miguel Angel Guerrero. Like the Cooperation Agreement with the Control Yuan, the purpose of the Collaboration Agreement is to promote the protection of human rights and improve practices through exchanges, conferences, meetings, technical assistance and training.
L. to R., L. Arzu, M. Guerrero, C. Quesnel, R. Perera
73. The Ombudsman and his Legal Officer also took part in several regional and local meetings dealing with human, civil and political rights. Specifically, the Ombudsman is represented on the Central American Council of Human Rights Defenders/Ombudsmen (CCPDH), of which the Honduran National Human Rights Commissioner is currently President. The Ombudsman attended his swearing in ceremony in Honduras. In November and December 2015, respectively, the Ombudsman and his Legal Officer participated in a roundtable concerning Forced Migration and Internal Displacement and a seminar on Transboundary Waters, the Environment and the Right to Water. Both events took place in San Salvador, El Salvador. The events were coordinated by members of the CCPDH
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Ombudsman’s Annual Report 2015
Swearing-in of Dr. Roberto H. Caceres, President, CCPDH
Meeting on Trans-boundary Waters, San Salvador, El Salvador
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San Salvador, El Salvador San Salvador, El
Meeting on Forced MigrationDisplacement, Internal on and Meeting Forced
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Ombudsman’s Annual Report 2015
74. In May 2015, Ms. Patricia Atkinson, the
Political Officer of the Canadian Embassy in Guatemala, visited the Ombudsman to get an update on the current human rights situation in Belize. She also indicated ways in which the Embassy might be able to help.
75. In October, Mr. Philip Folkemer, the Political Officer of the United States Embassy, and his Economic and Political Assistant Mr. Arturo Cantun visited the Ombudsman. They had many questions regarding the Ombudsman’s Fourteenth Annual
Report. L. P. Atkinson, R. L. Arzu
76. During the course of 2015, the Ombudsman and his Legal Officer attended several meetings and, along with other authorities and persons, assisted the Ministry of Foreign Affairs in the preparation of the Report on Belize’s implementation of The International Convention on Civil and Political Rights in Belize. The Validation Session will take place in January 2016.
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FREEDOM OF INFORMATION ACT
77. The Freedom of Information Act (FOIA) Chapter 13, Substantive Laws of Belize (Rev. Ed 2000), is intended to improve transparency in public administration. It requires authorities to give the public access to documents such as manuals, rules, procedures, guidelines, public registers, and the like. Access is available to all documents that are not exempt. Upon receiving a written request for access, the authority promptly makes a decision to grant/deny access. If access is denied, the authority must give written notification with reasons. If still dissatisfied, the requesting party can apply to the Ombudsman under Part V, Section 35 of the FOIA for a review of the decision.
78. In 2015, the Ombudsman received two written applications for review of the respective decisions of the Geology and Petroleum Department (GPD) and the Belize Port Authority (BPA) denying or deferring access to the requested documents.
79. In the application against the GPD, the environmental non-governmental organization OCEANA requested a review of the Department’s denial of access to petroleum exploration guidelines, minutes of meetings pertaining to these guidelines, and petroleum exploration contracts. During the course of the Ombudsman’s review of these decisions, the GPD gave access to many of the documents requested. However, petroleum exploration contracts were considered exempt due to confidentiality clauses. The Ombudsman replied stating the parties cannot “contract out” of a statute. Section 21A(1) of the FOIA states that no public contract or other public document shall contain a provision to the effect that the contract thereof shall be kept confidential. Furthermore, by application of principle of statutory interpretation “inclusio unus exclusio alterius”, the Petroleum Act and Regulations do not protect the confidentiality of contracts made thereunder. It is considered that confidentiality clauses under both acts are void for illegality and unenforceable.
80. In the application against the BPA, the Institute for Maritime Studies requested a review of legal and administrative fees in excess of $5,000.00 that are being charged for access to/copies of minutes of the Board of Directors’ monthly and other meetings during the years 2010 to 2013. The Ombudsman has requested advice on the matter of fees from the Solicitor General of the Attorney General’s Ministry, the Ministry responsible for the FOIA.
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Ombudsman’s Annual Report 2015
81. In December 2015 the Ombudsman attended a Regional Summit on Transparency, Access to Information and Personal Data Protection, which was held in Mexico City, Mexico. The Ombudsman and his Legal Officer will travel to Mexico City in January 2016 to visit the National Institute for Access to Information and Personal Data Protection and discuss areas for cooperation.
Observations
82. Authorities should adhere to Section 21A (1) of the FOIA which prohibits public contracts from containing provisions to the effect that public contracts shall be kept confidential.
83. Furthermore, the repeal of Section 29 of the FOIA, which protected trade secrets and business information, by Freedom of Information (Amendment) Act No. 7 of 2008 discourages innovation and enterprise and violates Paragraph (e) of the Preamble of the Belize Constitution. The Preamble states that the people of Belize requires policies of state which, among other things “preserve the right of the individual to the ownership of private property and the right to operate private businesses” and “prohibit the exploitation of man by man or by the state.” This repeal deprives trades and businesses of a measure of protection needed, especially start-ups or growing businesses.
84. The Attorney General’s Ministry, if it has not done so, should issue and publish guidelines concerning fees and costs that can be charged by authorities for access to public documents under the FOIA. The Ministry should generally promote enforcement of the FOIA.
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.
Mexico D.F City,
Regional Summit on Transparency, toAccess Information and Data Protection,
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Ombudsman’s Annual Report 2015
ADMINISTRATIVE MATTERS
85. In 2015, a new Investigator, Mrs. Winni e Parchue was hired to replace the former Records and Research Officer Mr. Clarence Slusher, Mr. Slusher left to pursue other career opportunities after six (6) years of dedicated service to the Ombudsman’s Office. The Ombudsman also invested in improving the standards of service tra by training Ms. Trina Lizama in customer service.
Mrs. Winnie Parchue, Investigator 86. The Ombudsman was allocated a budget of approximately $269,000 (Belize dollars) to cover staff, operating and all other expenses. Apart from these changes, the Office of the Ombudsman continued to function with a small staff of five (5) full-time persons and one part-time, and one vehicle. The Ombudsman also operates out of one office in Belize City.
Observations:
87. The Office of the Ombudsman is under-staffed and under-resourced to carry out all its functions fairly and reasonably promptly. Additional resources - such as staff, resource books, software and other technological improvements - are required. These would help to facilitate the fair, impartial and expeditious investigation and resolution of complaints; the disposal of applications under the Freedom of Information Act; and, generally, to increase the Office’s presence in the other five districts.
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Current Ombudsman Staff:
Mr. Lionel Arzu M.Sc., Ombudsman Ms. Rubiceli Perera, LLB, CLE, Legal Officer Mrs. Winnie Parchue, Investigator Miss Trina Lizama, Secretary/Receptionist Mr. Lyndon Mai, Security Officer Ms. Kimberlyn Marin, Office Cleaner
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Ombudsman’s Annual Report 2015
CONCLUSION
88. In 2015, the Ombudsman received two hundred and seventeen (217) new complaints. A little less than half are either under investigations, investigated or resolved. Those under investigations (73 complaints) make up approximately one third of all new complaints; 21 comments have been received. Of the 58.5% not investigated, the Ombudsman lacked jurisdiction for the majority; for the remainder, reasonable cause has not been established. The rate of investigation or resolution is less than what was anticipated.
89. The Ombudsman was able to achieve a good measure of collaboration with the signing of a Cooperation Agreement with the Control Yuan of Taiwan. Also, similar Agreements have been drafted with the Belize Police Department and Mexico’s National Commission for Human Rights, respectively. These are scheduled for signature in January 2016. The purpose of all these agreements is to facilitate the investigation of complaints and/or to strengthen cooperation and activities on the protection of human rights.
90. The Ombudsman received two applications under the Freedom of Information Act. One has been by and large resolved. The other is still awaiting guidance from the Solicitor General, Attorney General’s Ministry.
91. Apart from a new investigator to replace the outgoing Records and Research Officer, the Ombudsman operated with the same number of staff as in 2014, and a very similar budget. With one vehicle and one office location, the Office is still considered to be under-staffed and under- resourced to deal with the number of complaints before it.
92. Recommended areas for improvement were made in this report, even though the rate of implementation has historically been low. It is hoped that the authorities will give due consideration to the complaints and, more importantly, the findings and recommendations. These recommendations were largely based on the complaints investigated. The Office realizes that the public can provide additional insight and welcomes their input as to how administrative functions can be better carried out and the incidence of wrongdoing, corruption, injustice or injury minimized.
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A P P E N D I C E S
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Ombudsman’s Annual Report 2015
APPENDIX 1 - STATISTICS Chart 1. Annual Complaints against the Police Department (2012 to 2015)
250 211 220 217 183 200
150
99 116 100 54 91
50
0 2012 2013 2014 2015
Police Total Year Total
Ombudsman’s Annual Report 2015
Chart 2. Status of Investigation of Complaints
Under Findings & Not Resolved Investigated Status Investigation Recommends investigated Otherwise Authority Totals
Alcalde ------1 -- 1 Attorneys -at-Law ------1 -- 1 Belize Coast Guard ------7 1 8 Belize Defense Force ------1 -- 1 Belize Electricity Limited ------1 1 Court of Appeal ------5 -- 5 Family Court ------3 2 5 Human Services Department 3 -- -- 4 -- 7 Immigration & Nationality 3 -- -- 7 -- 10 Labour Department 1 -- -- 2 -- 3 Lands & Surveys Department 8 1 -- 5 3 17 Legal Aid Center ------2 1 3 Magistrates Courts ------11 1 12 Ministry of Education ------2 -- 2 Ministry of Works ------1 -- 1 Police Department 53 1 -- 32 5 91 Port of Belize Limited ------1 -- 1 Prisons Department 1 -- -- 2 -- 3 Private Persons ------22 -- 22 Public Hospitals & Clinics 1 -- -- 3 -- 4 Supreme Court ------12 -- 12 Traffic Department 1 ------1 Treasury Department -- 1 2 -- 3 University of Belize 1 ------1 Vital Statistics Unit ------1 -- 1 Water Board 1 ------1 217 TOTALS: 73 3 0 127 14 217
Ombudsman’s Annual Report 2015
APPENDIX 3.
How to Make a Complaint to the Ombudsman Before making a complaint to us, have you already contacted the government department or authority to complain? Please note that we do not usually investigate complaints if you have not raised contact us. Also please bring in as the complaint with the department or much supporting documents and authority first. However, if you feel information pertaining to your you have a good reason not to contact complaint. the authority first then please call or visit us. There are several ways to make a complaint: To help expedite the investigative process, please try to write down . Written complaints – download all relevant information pertaining our written complaint form from to the department or authority, our website, and e-mail, fax, mail or such as letters, telephone hand deliver it to our office. conversations, meetings, dates, names . Appointments or Walk-ins and contact details, before you
Ombudsman Contact Details:
Office/Mailing Address: 91 Freetown Road, Second Floor P.O. Box # 1376 Belize City, Belize Tel: 223-3594 or 223-3198 Fax: 223-3198 Email: [email protected] Website: http://www.ombudsmanbelize.com/ Facebook: http://www.facebook.com/ombudsman.belize Opening Hours: Monday to Friday, 8:00 a.m. – 12:00 p.m. 1:00 p.m. – 5:00 p.m. (4:30 p.m. Fri)
Ombudsman’s Annual Report 2015
APPENDIX 4. INVESTIGATIVE PROCESS
Written Complaint received by Ombudsman
Ombudsman reviews complaint, determines if there is jurisdiction and reasonable cause to investigate, and that the matter is not frivolous, vexatious or too tardy.
Decides to Investigate Decides not to investigate
Written Notice of Intent to Investigate sent Decision with reasons given to the to Principal Officer of Authority, Officer, Complainant Member and Minister
Comments and Supporting Documents, including reports, Report received from the Authority.
Information reviewed and additional information & clarifications, by way of Hearings or otherwise, obtained by the Ombudsman.
Investigation completed. Findings and Recommendations sent to Principal Officer, Officer and Member for opportunity to be heard.
Ombudsman’s Findings & Recommendations Final.
Recommendations not implemented. Recommendations Implemented by Complainant dissatisfied. Authority. Case Closed. Ombudsman prepares a Special Report to the National Assembly.
Ombudsman’s Annual Report 2015
APPENDIX 5. The Ombudsman Act, Important Sections
The Ombudsman’s authority to where it is open to the investigate complaints is detailed in complainant to apply to the the Ombudsman Act. The legislation Supreme Court for redress for allows the Ombudsman to produce contravention of provisions for annual reports and special reports the protection of fundamental available to the public. The full text rights and freedoms. of the Act can be found at: Section 13 may investigate on his own http://www.belizelaw.org/lawadmin/ initiative or on a complaint made PDF%20files/cap005.pdf to him. Section 14 It states the following in regards to may hear complaints made by the powers of the Ombudsman. any person or body of persons Namely that the Ombudsman: but complaints made by an authority. Section 2 Section 15 shall regard “authority” as may refuse to undertake an meaning a Ministry, department investigation if he believes or agency of Government, the - the complaint is trivial Belize Police Department, a City - the complaint is frivolous or Town Council or any other
statutory body. - the complainant has been deferred for too long Section 4 - the complainant lack will serve terms lasting three sufficient interest years. - no investigation is necessary Section 12 Section 17 may investigate where he has reasonable cause to believe that may adopt whatever procedure an authority has been guilty of he considers appropriate and corruption or wrongdoing or any may obtain information from person may have sustained such persons and in such injustice, injury or abuse as a manner, and may make such result of any action taken by an enquiries as he thinks fit. authority. shall not be precluded from investigating any matter Ombudsman’s Annual Report 2015
Section 18 Section 30 may require any officer or Every person who wilfully member of a public authority to contravenes section 14, makes any furnish and produce any false statement to the document in relation to the Ombudsman or who obstructs, investigation of any matter. hinders or resists the Ombudsman shall be guilty of an Section 20 offence and liable to summary may enter any premises occupied conviction. by any authority in order to inspect any document or record therein in respect of any matter under investigation. Section 21 shall inform the principal officer of the authority concerned of the result of his investigation and, if necessary, his recommendations for action to be taken by that authority. Section 25 shall regard as secret and confidential all documents, information and things disclosed to them in execution of any of the provisions of this Act. Section 29 shall, when investigating a complaint, record in a register: - the name of the complainant - the subject matter and date of the complaint - the Ombudsman’s decision respecting the complaint