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BAHAMAS the Commonwealth of The BAHAMAS The Commonwealth of The Bahamas is a constitutional, parliamentary democracy with a population of approximately 354,000, including an estimated 30,000 undocumented Haitians. Prime Minister Hubert Ingraham's Free National Movement (FNM) regained control of the government in May 2007 elections that observers found to be generally free and fair. Security forces reported to civilian authorities. Human rights problems reported included complaints of abuse by police and prison and detention center guards; poor detention conditions; a poorly functioning judicial system, leading to delays in trials and lengthy pretrial detention; violence against women and children; and discrimination against persons of Haitian descent. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life The government or its agents did not commit any politically motivated killings; however, police fatally shot individuals in the performance of their duties. Police investigated such incidents and referred them to a coroner's court when necessary for further evaluation. The public expressed concerns about escalation of force after several fatal shootings during the year. The May 4 fatal police shooting of Ricardo Knowles, who escaped from police custody, was before the coroner's court at year's end. An investigation determined that a 13-year-old boy who died in police custody in July died of natural causes. His family claimed he was choked to death. A patrol officer fatally shot a man on Bay Street in September after a verbal altercation allegedly resulted in the man brandishing a box cutter. Onlookers told the press that the man asked to be left alone and was walking away from the scene when the officer followed him and a scuffle ensued. Police launched an investigation into the shooting. BAHAMAS 2 On November 20, police fatally shot a young man in Bain Town after he was stopped and questioned about an illegal firearm. The police commissioner told the press an investigation into the matter had been launched and an autopsy scheduled. In March 2009 police shot a Nassau man in disputed circumstances. The victim later died, and the case was before the court at year's end. The May 2009 case in which a 15-year-old boy allegedly hanged himself in a holding cell while in police custody was ruled a suicide, although family members alleged that the hanging was a cover-up for a beating by police. The coroner's court received the case of the 2007 fatal shooting by police of two armed men who failed to stop when fleeing the scene of a crime. An investigation continued into another 2007 incident involving an individual killed by police at Rand Memorial Hospital on Grand Bahama. Authorities brought manslaughter charges against two officers in connection with the 2007 fatal beating of a suspect, Desmond Key. The case was before a magistrate's court at year's end. At year's end a magistrate's court was hearing the case against the police officer who fatally shot a man on Bimini Island in 2007. The coroner's court faced a heavy backlog of more than 129 cases, including 10 police shootings. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution prohibits such practices, but human rights monitors and members of the public expressed concern over continued instances of police abuse of criminal suspects. Police officials, while denying systematic or chronic abuses, acknowledged that police on occasion abused their authority. BAHAMAS 3 A government investigation was under way into a complaint filed by Deborah Bostfield alleging that police beat her son, Jermaine Storr, outside a nightclub in January. Authorities charged police reservist Craig Hepburn with having unlawful intercourse with a 13-year-old girl in February and forcing her to cohabit with him. The matter was before the courts at year's end. An investigation was under way into allegations made by Lynette K. Oliver, who claimed she was repeatedly punched in the face and choked by police on April 25. In June a police reservist was convicted of sexually assaulting a woman during a traffic stop. He remained in custody pending sentencing. Police were awaiting forensic analysis results in an investigation opened after a woman in Grand Bahama accused police of sexual assault and death threats in September. In November police arrested Godfrey Hepburn in connection with a robbery. Hepburn's attorney told the magistrate that he was brutalized while in police custody. An investigation was conducted into allegations made by Barry McPhee Jr., who claimed he was violently beaten and given an electric shock after being arrested for stealing a cell phone in January 2009. The investigation was completed, and the matter was referred to the Police Tribunal. At year's end the investigation continued in the case of police officer Dwight Williamson, accused of raping a 15-year-old girl at the police station in August 2009. In December 2009 authorities charged police constable Daniel Paul Smith with raping a 19-year-old girl while on duty, suspended him, and placed him on half- pay. At year's end Smith's case was pending trial. An investigation continued into allegations that Royal Bahamas Defence Force officers Vaughn Saunders and Kendrick Ferguson beat James Demeritte in November 2009. BAHAMAS 4 Amnesty International reported that Emmanuel McKenzie, chairman of an environmental organization, was harassed and assaulted by police and defense forces during a fundraising event in April 2008. The government responded to a UN Human Rights Committee request on this matter, denied the allegations of abuse, and stated that McKenzie was the subject of a criminal trial for possession of dangerous drugs with the intent to supply. A government investigation into McKenzie's claims that officers stole his property and abused him concluded that there was insufficient evidence to substantiate his claims. In February a court acquitted police officer Vaughn Pratt, arrested and accused of having sex with two minors in 2007. In July a court sentenced police reservist Charles Prince to five years in prison for the rape of a teenage girl in 2007. There were other allegations of police beatings and brutality throughout the year. The government stated that no official complaints were received in reference to many of these allegations. Victims' families and community activists claimed that many officers had their cases thrown out of court or dropped by the Attorney General's Office. In addition many officers waited years for their court date, only to return to work without having their names cleared. Prison and Detention Center Conditions Conditions at Fox Hill Prison, the country's only prison, remained harsh for many prisoners. Overcrowding was a major problem in the men's maximum-security block. Originally built in 1953 to hold 450 inmates, it held 624 of the country's 1,322 prisoners. The remaining prisoners were held in medium- and minimum- security units that were at intended capacity. Male prisoners in the maximum- security unit were crowded into poorly ventilated and poorly lit cells that generally lacked regular running water. During the year authorities installed composting toilets and acquired 100 mattresses for the maximum security unit, expanded access to medical and dental services, and expanded access to technical and vocational services. Despite these upgrades prisoners continued to report sleeping on concrete floors and inadequate access to medical care. A classroom within the maximum-security facility provided educational programs to high-risk offenders who could not attend classes within the correctional training institute. Maximum- security inmates were allowed outside for exercise four days a week for one hour per day. Inmates complained of inadequate potable water, lack of medical care, and poor treatment. BAHAMAS 5 Family members of prisoners raised concerns about the lack of potable water at the prison, but the government insisted there was no shortage of potable water. Four reverse osmosis units were installed at various housing units from which each inmate was able to extract a minimum of one gallon of potable water during exercise time each day, free of charge. In addition bottled water was available for purchase from the inmate commissary. A remand center held 602 detainees; it has a medical facility and exercise yard, as well as a well-equipped health diagnostic unit and a pharmacy. That facility had water treatment units installed and the dental unit renovated and refurbished. There continued to be allegations of abuse by prison guards. Local attorneys and human rights observers asserted that the prison's internal affairs unit lacked the independence needed to investigate impartially allegations of abuse and misconduct; it conducted 128 investigations during the year. Conditions for female prisoners were less severe than for men; however, women did not have access to the same work-release programs available to male prisoners. The prison has a separate section for juvenile offenders between the ages of 16 and 18. There was occasional mixing of juveniles with adult inmates depending on the severity of their crimes. Offenders younger than 16, along with children made wards of the court by their parents because of "uncontrollable behavior," were held at the Simpson Penn Center for Boys and the Williamae Pratt Center for Girls. The Carmichael Road Immigrant Detention Center held up to 500 detainees (with tent space for an additional 500), and women and men were held separately. Haitians and Jamaicans were the most commonly interdicted migrants. The highest occupancy during the year was approximately 252. Observers complained of continuing abuse by guards, although immigration officials stated that no such complaints were filed during the year. Human rights groups expressed concern that complaint investigations were handled internally without independent review and oversight.
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