News
What does TCI’s subscription to the UN’s Human Rights Convention and International Migrant Law mean for Mehul Solanki’s case?
Turks and Caicos, Providenciales, June 14th 2017: Mehul Solanki’s case of unfair, biased treatment at the Detention Centre is not the first of its kind for the TCI. In this report, we take a look at the basic rights outlined for Detainees under the International Migration Law as set by the United Nations Human Rights Office of the Commissioner.
According to the International Migration Law’s General Principles, “Detention must be ordered and approved by a judge and subject to automatic regular judicial review in each individual case”, and they must have access to legal counsel.
Solanki claims that he had no opportunity at either a court hearing or a judgement.
Its ‘specific rights and standards applicable to migrants in detention’ under Section III (1), says detainees must have the “Right to communicate with the outside world” and must have the “Right to human detention conditions and obligation to respect the inherent dignity of every human person”.
Mehul Chandrakant Solanki back home in India and still very distraught and angry after his harrowing ordeal in the TCI at the hands of Immigration Officers at the Detention Centre
Solanki says the center failed to live up to decent conditions, putting his health at risk on at least two occasions and his safety was compromised with theft of his belongings which were stolen despite reportedly being in the possession of Immigration authorities.
The law adds that detainees have a right to be “Release on bail, bond or surety” under Section IV (3e). This type of measure requires the pledge of a sum of money in order to ensure the individual’s appearance at an official appointment or hearing, organized in the context of processing the case of a migrant by competent authorities.
Section 6.3 adds that Long-term residents or migrants whose situation in the country becomes irregular and who are consequently subject to expulsion should not be detained.
Solanki says he was resident in TCI for three years and had only gone to authorities to report a missing or stolen passport when he was detained.
The law explains that it is “totally unacceptable that legal long-term immigrants who have been sentenced to expulsion are held in prison while awaiting expulsion.”
In Mehul Solanki’s case, he had no travel documents and had to wait for them to be issued by his home country. However, he claims this process was gravely slowed down by the detaining authorities here in Turks and Caicos.
The Turks and Caicos as a British overseas territories is subject to all UN conventions.
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#TurksandCaicos, April 15, 2024 – The recent aggravated robbery targeting a five-member household is undoubtedly distressing for both the victims and the community at large.
Superintendent (Division A) Willet Harvey said, “Around 11:21 pm yesterday (April 14th) evening, the Police Control Room received a report that four masked males, three of whom were armed, entered a residence at New Subdivision, Grand Turk, and proceeded to rob the occupants.
The armed suspects managed to flee the scene on foot and escaped.
“Following the report, officers were dispatched to the scene, conducted extensive searches and interviewed individuals. Based on the information received, we are actively pursuing several leads that will lead to arrests in the shortest possible time.
“The incident highlights the importance of remaining vigilant and proactively safeguarding homes and families. I advise people to enhance their home security by locking doors and windows when inside, investing in a CCTV system, and ensuring adequate outdoor lighting. Should you have any information on this burglary or illegal activities in Grand Turk, please call 946-2299. ”
The RTCIPF asks the public to notify the closest police station, contact 911, the Serious Crime Unit at 231-1842, Crime Stoppers at 1-800-8477, and anonymously give any information on illegal activity.
Additionally, persons are encouraged to download the CrimeStoppers P3 app and share information.
News
Two Major Murder Trials Underway simultaneously in Grand Turk; making history in more ways than one
Wilkie Arthur
Freelance Court Correspondent
#TurksandCaicos, April 15, 2024 – Two separate murder trials. Two separate alleged Blue Hills killers. Two separate Blue Hills male victims lost their lives. Two separate dates of killings. The Crown has two separate vulnerable witnesses, one for each murder case as their main or key witness.
Both main/key witnesses have each relocated to the UK after the murders and both are under a witness protection program. They both testified in their respective trials via video link, as they did not return to the Turks and Caicos for the trials in live or opened court.
The move to have them back in the islands considered too risky.
Each trial has a different judge with its own 12-member jury. Both cases are running concurrently in different court rooms but both are unfolding on the Island of Grand Turk.
This is an historical move for the TCI judiciary running two murder trials all at once and on one Island (The Nation’s Capital); simultaneously.
Both trials are expected to in mere days with verdicts from the separately empaneled juries or on a ruling by the learned trial judges.
JOUVLY INELUS, 32 is one of the accused men on trial for allegedly killing Brian Leon Williams on the afternoon of Thursday, November 3rd, 2022. His defense counsel is Mrs. Lara Maroof Misick and Principal Public Prosecutor, Mr. Clement Joseph started the Crown’s case for the office of the Director of Public Prosecution.
A 12-member jury and his Lordship, The Hon Mr. Justice Chris Selochan is presiding over INELUS trial.
In addition to murder, Inelus also faces four counts of firearm-related offences namely:
Discharging a Firearm, Discharging Ammunition, Carrying a Firearm, and Carrying Ammunition.
The homicide took place at a location known as Enid Forbes Yard, Hopeland Close, Blue Hills, Providenciales.
KENDALL DEAN, who is 29 years old is the second accused of homicide and his trial is underway for the shooting death of 24-year-old Joshua Swann on Sunday, August 8th, 2021 in the vicinity of North West Point, Blue Hills, Providenciales, according to police.
This trial was delayed its start, a week, due to jury issues, but now proceedings are progressing and Mr. Oliver Smith, KC is representing Kendall Dean against the allegations laid.
The trial is before his Lordship, the Honourable judge, Mr. Davidson Kevin Baptiste and a 12-member jury.
#TurksandCaicos, April 15, 2024 – Section 61 of the Turks and Caicos Islands constitution relates to the appointment of an Electoral District Boundary Commission. On 26th February 2024, Her Excellency the Acting Governor Mrs. Anya Williams. appointed a Boundaries Commission to review and alter the present boundaries and make changes, if necessary.
The following persons were appointed as members of the Committee:
Rev Dr. Julia E Williams Retired Civil Servant and Methodist Minister (Chairman)
Hon Justice K Neville Adderley M.B. (Member)
Ms Tremaine R S Harvey LLB(hons) Attorney at Law (Member)
The Constitution also stipulates that a Commission after appointment may regulate its procedure and, with the Governor acting in her discretion, may confer powers and impose duties on any public officer, or any authority of the Government for the purpose of discharge of its functions.
For the purpose of discharge of its functions , the Commission
- May invite views from members of the public.
- Shall consult the public about the draft of its report; and
- May seek advice as it considers appropriate.
The Commission and its members , under the Constitution, shall NOT be subject to the direction and control of any person or authority.
The Commission will review the boundaries of the Electoral Districts, and submit to the Governor and House of Assembly, a report on their findings.:-
- Stating that in the opinion of the commission, no changes to these boundaries is required, OR
- Recommending the changes in those boundaries specified in the report.
In determining its recommendations, the Commission under subsection (1) (b), and in determining whether or not to recommend any changes in the electoral district boundaries, the Commission shall ensure that the electoral districts contain, so far as is reasonably practicable, approximately equal numbers of persons qualified to be registered as electors.
In order to be successful in its deliberations and produce an efficient report to HE the Governor, the Commission will visit ALL islands, have discussions with members of the public and have public meetings.
Deliberations will commence as follows:-
MEETING WITH GROUPS FACE TO FACE – 13TH -16TH MAY 2024
13th May 2024 Salt Cay in the morning at 10.00 a.m.
Grand Turk in the evening at 6.30 p.m.
14th May 2024 South Caicos at 6.30 pm
15th May 2024 Middle Caicos in the morning at 10.00 a.m.
North Caicos in the evening at 6.30 p.m.
16th May 2024 Meeting in Providenciales at 7.00 p.m.
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