Ombudsman's Annual Report 2015

2015 many 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 Page | 1 Ombudsman’s Annual Report 2015 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 Page | 2 Ombudsman’s Annual Report 2015 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 Page | 3 Ombudsman’s Annual Report 2015 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. Page | 4 Ombudsman’s Annual Report 2015 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

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