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'"~-·~'"""'" 'f.,, OFFICE OF THE* J'RIME MINISTER
Greaham Louisy Administrative Building Tell (7511) .., •• •.• Waterfron~ Castries Saint Lucia
July 10, 2018
The Honorable Mike Pompeo The Honorable James Mattis Secretary of State Secretary of Defense United States Department of State United States Department of Defense 2201 C Street, NW 1400 Defense Pentagon Washington, DC 20520 Washington, DC 20301
Dear Secretary Pompeo and Secretary Mattis: The Governments of Saint Lucia an'd the United States (U.S.) have enjoyed a longstanding and positive relationship, and have cooperated in many areas of mutual interest. Both Saint Lucia and the U.S. share a vested interest in advancing trade and securi~1ssues, the latter including combating international crime and narcotics trafficking. We btJt_h share " similar concerns regarding Venezuela, and it is here that Saint Lucia's.,recorcl on that country matches that of not only the U.S. but of other allies, including Canada, the European Union, and many in Latin America. Our position on Venezuela has allowed us to become an active member of the Lima Group and our voting record at the Organization of American ./ States (OAS) on Venezuela speaks for itself. Regrettably, Saint Lucia finds itself under threat from those involved in the illicit mpyement of goods, including from Venezuela. Saint Lucia's geographical location mak.es it an appealing transit point for those involved in the narcotics trade, and rising crime is threatening our socio-economic stability. While the Government of Saint Lucia has long valued security assistance from the U.S., the absence of support followiO:g imposition of the Leahy Law in 2013 has left us critically vulnerable. As we have taken significant remedial measures under the current Government of Saint Lucia, we endeavor to regain eligibility for assistance from the Department of State and Department of Defense. Background
Since 2013, the Government of Saint Lucia has not received training or material assistance for its police force from the U.S. This is as a result of Leahy Law sanctions, levied in
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response to alleged instances of gross violations of human rights (GVHR) that resulted from the implementation of an initiative by a past administration. From 2010 to 2011, 12 alleged extrajudicial killings were committed under the guise of Operation Restore Confidence (ORC), an ad hoc task force within the police department. The ORC special task force comprised a small group of officers under the command of the former Deputy -Commissioner of Police in charge of Operations and did not include the entire police force.
Government Actions
The following is a summary of actions undertaken by the government to address concerns shared by the U.S. and others as it relates to the enactment of the Leahy Jaw:
1. Caribbean Community Implementation Agency for Crime and Security (/MPACS)1 Since the U.S. government deemed the Coroner's inquest initiated by the Government of Saint Lucia as inadequate as it related to the actions to be taken against persons involved in the alleged extrajudicial killings under ORC, the Government, in August 2014, commissioned IMPACS to undertake an independent i1westigation into the circumstances that lead to the deaths. The IMPACS Report was presented to the former Government in February 2015, and subsequently transferred to the Director of Public Prosecutions (DPP) in March 2015.
Z. Training af Law Enforcement Officers an Human Rights Members of the Royal Saint Lucia Police Force have been undergoing human rights sensitization in response to recommendations presented in the IMPACS report. Human rights lawyers and activists have been spearheading the human rights training of the officers. The training session included a training of trainers session, allowing for the continued learning and training of officers in human rights and professional Jaw enforcement behavior and practices.
3. Crown Prosecutions Service In October 2016, a new DPP was appointed and two new Crown Counsels have been employed by the current administration to address the resource constraints in the Office of the DPP. The Office of the DPP has also been strengthened by the addition of two career police officers to assist in the investigation of the cases referenced in the IMPACS report.
1 IMPACS, established in 2006, is the implementation arm of the Regional Architecture to manage CARICOM's action agenda on crime and security, and reports to the CARICOM Council of Ministers for National Security and Law Enforcement.
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4. Strengthening of the Police Complaints Unit The Police. Complaints Unit has been strengthened with the reassignment of additional investigators to this unit and a senior officer has been appointed to manage the department. The Government is in the process of establishing thi.s unit as a fully independent body to lead all investigations of police-involved abuses, killings and reports. A Memorandum of Understanding is being finalized between tlie Office of the DPP and the Police Force to coordinate in the investigations of police-involved abuses and killings. In the interim, three officers have been dispatched to the DPP's office. The direct result of this new relationship has seen one officer charged with manslaughter within four weeks of a fatal shooting, while another was sent to the Coroners Court for arbitration.
5. Use ofForce Policy In October 2015, the Government of Saint Lucia approved a Use of Force Policy, which is designed to provide structure and direction to Saint Lucia's law enforcement officers as it pertains to the appropriate use of force while on duty. This policy applies to the Royal Saint Lucia Police Force, gazette and non-gazette officers, Special Reserve Police, Special Constables and Peace Officers. The policy, approved by Cabinet in October 2015, was recently reviewed and is now being implemented.
6. Forensic laboratory The forensic lab in Saint Lucia, which had been temporarily closed, resumed operations in February 2017. The lab has been active in assisting the Royal Saint Lucia Police Force with investigations.
7. Witness Protection (Special Measures) Bill The Government has proposed a Witness Protection (Special Measures) Bill to protect the identity of witnesses who may be at risk from providing testimony on criminal activities. The government is in the process of engaging in consultations on the proposed bill to then be approved in the near future.
The above remedial measures highlight the following:
• The Government of Saint Lucia is committed to not only addressing crime, but ensuring the actions that resulted in the imposition of the Leahy Law sanctions are not repeated; • The Government has undertaken the necessary .independent investigation into the deaths that resulted during ORC; • The findings of this independent investigation, the IMPACS Report, have been transferred to the Office of the DPP to ensure prosecutions, where required;
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• The Government has done everything within its authority to ensure that persons implicated in the lMPACS Reports are held accountable; and While the Constitution of Saint Lucia enshrines three separate arms of state, the Executive, Legislative and the Judicial; with the administration restricted from any interference in the judiciary process; the administration is confident that it has provided the Judicial branch ·with all of the necessary tool.s needed and that this branch of government is proceeding appropriately and expeditiously.
Current Crime Condition
Security continues to be a major priority for the Government of Saint Lucia, with border control weakness resulting from the influx of drugs, anns and unsavory criminal characters to the island. As stated in the March 2018 lNCSR II Report published by the U.S. Department of State, "St. Lucia is a transit point for illegal drugs going toward the United States and Europe" and "illicit drug trafficking by organized crime rings and the laundering of drug proceeds by domestic and foreign criminal elements remain serious problems far St. Lucia". This situation .poses a threat to the economic and social stability of Saint Lucia and requires immediate redress with the assistance of friendly partners like the U.S., capable of supporting our efforts to curtail this problem.
As mentioned prior, developments in Venezuela over the past two years have had a direct and deleterious impact on Saint Lucia. The deteriorating economic condition, volatile political situation and the humani.taria.n crisis in Venezuela has resulted in the migration of undesirable elements and a corresponding influx of drugs and anns into Saint Lucia, posing not only a national security threat but regional security threat as well. Saint Lucia's inability to access training from the U.S. government for its police force, and to outfit law enforcement in the face of criminal elements that are better armed and have greater access to intelligence than local police have placed law enforcement, the political leadership and most importantly the citizens of Saint Lucia in danger and at risk. Consequently, the U.S. is also at risk as the Caribbean is considered to be its third border. Request for Support The Government of Saint Lucia acknowledges that the imposition of the Leahy Law has accomplished its objective; with my administration taking all the necessary remediation actions and implementing measures to ensure past errors are not repeated. It is time for . our governments to work together to achieve common objectives - securing our borders and strengthening the police force of Saint Lucia.
The Government is extremely concerned that while the implementation of the Leahy Law sought to punish a prior administration that may not have been entirely responsive to U.S. engagement and broader global interests, it has crippled the current administration with
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the unintende
Yours sincerely,
~- ALLEN M. CHASTANET Prime Minister & Minister for Finance, Economic Growth, Job Creation, External Affairs and the Public Service
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