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Ombudsman's Message OMBUDSMAN ANNUAL REPORT 2017 Table of Contents Letter to the Speaker, the House of Representatives ............................................2 Letter to the President, the Senate .........................................................................3 Ombudsman’s Message .........................................................................................4 I. Executive Summary ............................................................................................6 II. Complaints .........................................................................................................8 A. Violation of Protection of Right to Personal Liberty, Equal Protection of the Law, No Arbitrary Search and Entry ............................................................... 8 B. Deprivation of Property ....................................................................................... 12 C. Inhumane or Degrading Treatment and Punishment ......................................... 14 D. Other Alleged Wrongdoings and Injustices ........................................................ 15 E. Complaints against Private Persons................................................................... 17 III. Meetings and Trainings .................................................................................. 18 IV. Administrative Matters ................................................................................... 23 V. Photos ............................................................................................................. 24 VI. Annexes ......................................................................................................... 26 A. General Prisons Statistics ................................................................................. 26 B. Complaints involving Police ................................................................................ 28 C. The Complaints Investigative Process ............................................................... 29 D. Important Sections of the Ombudsman Act ........................................................ 30 E. How to Make a Complaint .................................................................................. 32 1 | P a g e OMBUDSMAN ANNUAL REPORT 2017 Ref: 001/HROMB/2018 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] 1st June 2018 Hon. Laura Longsworth Speaker of the House of Representatives The National Assembly Belmopan Dear Madam Speaker, I have the honour to present the Ombudsman’s Seventeenth Annual Report which covers the period January 1, 2017 to December 31, 2017. 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 submitted, _____________________ Lionel Arzu, MSc. Ombudsman of Belize 2 | P a g e OMBUDSMAN ANNUAL REPORT 2017 Ref: 002/SOMB/2018 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] 1st June 2018 Hon. Lee Mark Chang President of the Senate National Assembly Belmopan Dear Mr. President, I have the honour to present the Ombudsman’s Seventeenth Annual Report which covers the period January 1, 2017 to December 31, 2017. 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 submitted, ___________________ Lionel Arzu, MSc. Ombudsman of Belize 3 | P a g e OMBUDSMAN ANNUAL REPORT 2017 OMBUDSMAN’S MESSAGE Once again, it is my honor, pleasure and duty to present to the members of the National Assembly of Belize and the general public the Seventeenth Annual Report of the Ombudsman. This is my fifth report. My staff and I have worked conscientiously and persistently to carry out our mandate and responsibilities. As with previous reports, this Seventeenth Annual Report summarizes the work of the Office of the Ombudsman in 2017 within the framework of the Ombudsman’s Act, as well as the Freedom of Information Act (FOIA). Under the FOIA, the Ombudsman has the jurisdiction to review decisions made by ministries, departments and prescribed authorities refusing or deferring access to documents requested by members of the public. In 2017, no application for review was made to the office pursuant to the FOIA. Perhaps this is an indication that more and more authorities are making public documents readily accessible. The year 2017 was one of continued collaboration among stakeholders including but not limited to local, regional and international organizations. I also took the opportunity to promote to visiting dignitaries the agenda for the Office of the Ombudsman. It is with reference to continued collaboration at all levels that we proposed and promoted the idea that foreign dignitaries to Belize be intimated with the agenda of the Office of the Ombudsman The Seventeenth Annual Report is presented not only as a report pertaining to the execution of the functions of the Office of the Ombudsman but also as a summary of the public’s opinion on the current administrative practices. Furthermore, it is hoped that this report will help to enhance meaningful reforms in public administration as it relates to this office. One of the major highlights of 2017 was the transfer of the Presidency of the Central American Council for Human Rights Defenders/Ombudsmen (CCPDH) from the Ombudsman of Belize to the Human Rights Defender for the Republic of Panama in Panama City, Panama. The mandate of this Council is to generate a more empowered and active citizenry and foster social justice in the region. Belize as a country has and is doing its part; now, the leadership of this noble Council is in the capable hands of the Human Rights Defender of Panama. 4 | P a g e OMBUDSMAN ANNUAL REPORT 2017 I take this opportunity to extend my heartfelt gratitude to the Honorable Members of the National Assembly of Belize, Members of the Ombudsman Report Committee and Staff members of the National Assembly for the invaluable support afforded to the Office of the Ombudsman during the year 2017. I also want to thank our local, regional and international partners for their continuous support in advocating for the human rights of our citizens. I would like to give special thanks to my following colleagues: Ms. Rubiceli Perera, Legal Officer; Ms. Keila Teck, Investigator; Ms. Winnie Parchue, Research and Records Officer; Ms. Trina Lizama, Secretary; Mr. Lindon Mai, Security/Office Assistant; and Ms. Kimberlyn Marin, Office Cleaner. Without your support, hard work and dedication the year 2017 would not have been such a success. We are optimistic and encouraged by our own efforts, as well as the efforts of the authorities to advocate for justice where complaints have merit and to be proponents of transparent and accountable arm of government. It is in light of this that we collectively as a nation, through the Office of the Ombudsman, take steps every day to make sure that justice is not denied to the less fortunate people of our country. We are mandated to do this knowing that “Human progress is neither automatic nor inevitable. Even a superficial look at history reveals that no social advance rolls in on the wheels of inevitability. Every step toward the goal of justice requires sacrifice, suffering and struggle; the tireless exertions and passionate concern of dedicated individuals.” Martin Luther King Jr. Your Humble Servant, ____________________ Lionel Arzu, MSc Ombudsman of Belize 5 | P a g e OMBUDSMAN ANNUAL REPORT 2017 I. EXECUTIVE SUMMARY The Ombudsman is pleased to present this Seventeenth Annual Report pertaining generally to the execution of his functions for the period January 1, 2017 to December 31, 2017 (“the reporting period”). A Parliamentary Commissioner, the Ombudsman’s main function is to investigate complaints of corruption, wrongdoing, injustice, injury or abuse, including discourtesy, refusal to act and discriminatory acts, by a [governmental] authority, officer or member thereof. During the reporting period, the Ombudsman received for investigation one hundred and twenty-two (122) new complaints. The allegations of corruption, wrongdoing, injustice, injury or abuse varied. The more serious and/or frequent allegations are the following: Unjustifiable or Excessive Force (Unlawful Harm), Ill-treatment, and Harassment Unlawful Detention Arbitrary Search and Entry Neglectful or Improper Investigations of Police Reports Abuse: Discrimination and Discourtesy Deprivation of Property Unreasonable Delays and Procedural Impropriety with the National Estates Section; Fraud Inhumane or Degrading Treatment and Punishment Insufficient pension or improper calculation of pensions Requests for assistance with permanent residence applications Unfair trials and request for assistance with appeals Misconduct by private persons, including private corporations 6 | P a g e OMBUDSMAN ANNUAL REPORT 2017 STATUS OF INVESTIGATION The status of investigation for each of the 122 new complaints is as follows: Initial Under Comments Referred to Investigated or Inquiries* Investigation
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