Reprinted from Caribbean Net News
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Some human rights shortcomings in St Vincent, says US report

Monday, April 10, 2006

by: Kenton Chance
Caribbean Net News St Vincent Correspondent
Email: kenton@caribbeannetnews.com

KINGSTOWN, St Vincent: The 2005 human right practices report on St Vincent and the Grenadines released by the United States Bureau of Democracy, Human Rights, and Labour last month said the Dr Ralph Gonsalves-led Unity Labour Party (ULP) government "generally respected the human rights of its citizens".

It however said there were "problems" in impunity for police who used excessive force; poor prison conditions; an overburdened court system; violence against women; and, abuse of children.

Although local laws prohibit torture and other cruel, inhuman, or degrading treatment or punishment, the St. Vincent and the Grenadines Human Rights Association (SVGHRA) noted that a high percentage of convictions were based on confessions, the report said.

The SVGHRA believed that most confessions resulted from unwarranted police practices, including the use of physical force during detention, illegal search and seizure, and failure to inform properly those arrested of their rights, the report said.

The SVGHRA complained that the government failed to investigate adequately allegations of abuse or punish those police officers responsible for such abuses.

Citizens of St Vincent and the Grenadines filed 36 complaints charging use of excessive force by members of the police force in 2005, the report said, even as it noted that police officers investigated all such complaints and submitted their findings to the police commissioner.

The report referred to the reported beating of Leon Burgin last April while he was in custody at the central police station.

It also mentioned a case in which Venezuelan Moises Flores was reportedly beaten by police. Flores, who suffered several broken bones while in police custody, was charged with resisting arrest and wounding a police officer, to which he pled not guilty.

The charges were dropped, and he left the country without pursuing a complaint against the police.

The report further said conditions at the prison here "remained poor" with antiquated and overcrowded buildings.

Her Majesty's Prison in Kingstown housed 355 inmates in a building designed for 75 and identified problems of routine beating of prisoners to extract information.

The government permitted prison visits by independent human rights observers, and such visits took place during the year.

It said the government "generally observed" the prohibitions of arbitrary arrest or detention but said complaints continued regarding police practices in bringing cases to court adding that there were no reports of political detainees.

Government, the report said, respected the provision for a fair public trial but a backlog of pending cases continued, "because the magistrate's court in Kingstown lacked a full complement of magistrates", adding that a local human rights group reported "that magistrates were overworked and underpaid."

It said there were no political prisoners and government "generally respected" the prohibitions of arbitrary interference with privacy, family, home, or correspondence. The report said the "independent media were active and expressed a wide variety of views without restriction."

It however mentioned the prosecution of Eduardo Lynch, for "making false statements likely to cause public alarm" and concerns over the prosecution by the Association of Caribbean Media Workers(ACM).

It also noted that members of the Rastafarian community continued to complain that law enforcement officials unfairly targeted them. It was not clear whether such complaints reflected discrimination on the basis of religious belief or simply enforcement of laws against marijuana, which is used as part of Rastafarian religious practice," the report said, even as it said government respects the rights in practice to freedom of religion.

The report said "corruption remained a moderate problem" with "anecdotal evidence of corruption in government contracting and various other allegations."

"Violence against women remained a serious problem," the report said, noting that in January 2005 the minister for social development and the attorney general highlighted the problem of violence against women during a ceremony to promote awareness of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, which the government has ratified.

"Although prostitution is illegal, the local human rights group reported that it remained a problem among young women and teenagers," the report said.

It was felt that "Child abuse remained a problem" and the legal framework for the protection of children was "limited."

The report also spoke to issues relating to persons with disabilities and noted that while their were no discrimination against these persons the law does not mandate access to buildings for persons with disabilities, and the circumstances for such persons generally were difficult.

"Most persons with severe disabilities rarely left their homes because of the poor road system and lack of affordable wheelchairs," it said.

The report said that, in many sectors, the minimum wage did not provide a decent standard of living for a worker and family, but most workers earned more than the minimum.

"Legislation concerning occupational safety and health was outdated, and enforcement of regulations was ineffective,' the report said, adding that trade unions addressed some violations regarding safety gear, long overtime hours, and the safety of machinery." 

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