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Saint Kitts and Nevis 2020 Human Right Report

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Saint Kitts and Nevis 2020 Human Right Report SAINT KITTS AND NEVIS 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Saint Kitts and Nevis is a multiparty parliamentary democracy and federation. The prime minister is the head of government. The United Kingdom’s Queen Elizabeth II is the head of state, represented by a governor general. The constitution provides the smaller island of Nevis considerable powers of self-governance under a premier. In national elections on June 5, Team Unity, a coalition of three political parties, won nine of the 11 elected seats in the legislature. Team Unity leader Timothy Harris was reselected prime minister for a second term. A Caribbean Community observation mission assessed that “the voters were able to cast their ballots without intimidation or fear and that the results of the 5 June 2020 General Elections reflect the will of the people of the Federation of St. Kitts and Nevis.” The security forces consist of a police force, which includes the paramilitary Special Services Unit, a drug unit, the Special Victims Unit, the Office of Professional Standards, and a white-collar crimes unit. These forces are responsible for internal security, including migration and border enforcement. In addition there is a coast guard and a small defense force. The military and police report to the Ministry of National Security, which is under the prime minister’s jurisdiction. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed abuses. Significant human rights issues included criminalization of same-sex sexual conduct between men, although the law was not enforced during the year. The government had effective mechanisms to investigate and punish officials who abused human rights. There were no reports of prosecutions or arrests of government officials for human rights violations. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were no reports that the government or its agents committed arbitrary or unlawful killings. SAINT KITTS AND NEVIS 2 b. Disappearance There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces. Prison and Detention Center Conditions The prison was slightly overcrowded, and facilities were austere. Physical Conditions: The country has two prisons with a total capacity of 160 inmates. The total prison population on St. Kitts was 180 in September, including pretrial detainees who were confined with convicted prisoners. Most prisoners had beds, although some slept on blankets on the floor. Inmates between ages 16 and 21 were held with adult prisoners. Administration: Authorities generally investigated credible allegations of mistreatment. Independent Monitoring: Authorities generally permitted prison visits by independent human rights observers, although there were no known visits during the year. Improvements: During the year authorities repainted and renovated some cells and installed new air-conditioning units. Barracks were constructed for staff. d. Arbitrary Arrest or Detention The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements. Arrest Procedures and Treatment of Detainees Country Reports on Human Rights Practices for 2020 United States Department of State • Bureau of Democracy, Human Rights and Labor SAINT KITTS AND NEVIS 3 Police may arrest a person without a warrant, based on the suspicion of criminal activity. The law requires that detained persons be charged within 72 hours or be released. If detainees are charged, authorities must bring them before a court within 72 hours of detention. There was a functioning bail system. Detainees have prompt access to a lawyer of their choice or to a lawyer provided by the state. The government provides free defense counsel to indigent defendants only in capital cases. There is a private legal-aid program to provide legal assistance to indigent defendants. Authorities permitted family members, attorneys, and clergy to visit prisoners once per month and to visit those in pretrial confinement once per week. Authorities remand persons accused of serious offenses to custody to await trial. They release those accused of minor infractions on their own recognizance or on bail with sureties. Pretrial Detention: Pretrial detainees were 30 percent of the prison population. The length of time a person was held in pretrial detention varied. The government did not report on the average length of pretrial detention. Nongovernmental organization (NGO) representatives, however, reported pretrial detentions of six to nine months for High Court (serious offenses) cases, while noting that the Magistrate Court (for less serious cases) remained backlogged for years. e. Denial of Fair Public Trial The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Trial Procedures The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. There is a presumption of innocence. Defendants have the right to be informed promptly and in detail of the charges and to have a fair and public trial without undue delay. Defendants have the right to be present at their trial and to consult an attorney of their choice in a timely manner. Defendants have adequate time to prepare a defense. Defendants have free access to an interpreter. Defendants may question or confront witnesses and present their own witnesses and evidence. Defendants may not be compelled to testify or confess guilt, and they have a right to appeal. Political Prisoners and Detainees Country Reports on Human Rights Practices for 2020 United States Department of State • Bureau of Democracy, Human Rights and Labor SAINT KITTS AND NEVIS 4 There were no reports of political prisoners or detainees. Civil Judicial Procedures and Remedies There is an independent and impartial judiciary for civil matters. Individuals or organizations may seek civil remedies for human rights violations through domestic courts and the Eastern Caribbean Court of Appeal. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence The constitution prohibits such actions, and there were no reports the government failed to respect these prohibitions. Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judicial system, and a functioning democratic political system combined to promote freedom of expression, including for the press. Freedom of Press and Media, Including Online Media: In May the opposition St. Kitts and Nevis Labor Party (SKNLP) filed an injunction against the government- owned media house, ZIZ Broadcasting Corporation, claiming ZIZ gave an unfair advantage to the political parties in the government. The SKNLP later withdrew its injunction following a public commitment by ZIZ to provide balanced election coverage. Internet Freedom The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Academic Freedom and Cultural Events There were no government restrictions on academic freedom or cultural events. Country Reports on Human Rights Practices for 2020 United States Department of State • Bureau of Democracy, Human Rights and Labor SAINT KITTS AND NEVIS 5 b. Freedoms of Peaceful Assembly and Association The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Civil servants are restricted from participating in protests. c. Freedom of Religion See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/. d. Freedom of Movement The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. e. Status and Treatment of Internally Displaced Persons Not applicable. f. Protection of Refugees Information on the government’s cooperation with the UN High Commissioner for Refugees was unavailable. Access to Asylum: While the law provides for the granting of asylum or refugee status, the government has not established a system for providing protection to refugees. There were no requests for asylum reported during the year. Section 3. Freedom to Participate in the Political Process The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voters elect 11 members of the National Assembly, and the governor general appoints a three-person senate: two on the recommendation of the prime minister and one on the recommendation of the opposition leader. Elections and Political Participation Country
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