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TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

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#TurksandCaicos – April 30, 2021 – The Turks and Caicos Islands Government recently announced the following policies with a view of mitigating against the effects of the Covid-19 pandemic:

  1. mandatory vaccination as a condition to obtain a work permit (both new and renewal).
  2. mandatory weekly testing of public facing public servants who decide not to be vaccinated.
  3. requiring vaccines to obtain benefit in certain circumstances (e.g., easier re-entry into TCI for vaccinated residents, etc.)

The Human Rights Commission is mandated to take appropriate steps to protect the rights of all residents of the Turks and Caicos Islands and in doing so must act in accordance with the Islands’ Constitution which enshrines various human rights as fundamental rights and freedoms to be enjoyed by all residents of the Islands. Whilst some human rights are absolute, others can be derogated when required by circumstances of public emergencies. The Constitution, like other human rights conventions, allows for the Government to derogate some of the non-absolute fundamental rights during periods of public emergency.  

The Commission has considered the policies of the Government and agree that it is empowered under both the Constitution and international conventions to derogate some of the non-absolute rights.  In so doing, the government is required to balance the protection of rights against public safety while ensuring that absolute rights are maintained. In the case of the Covid-19 policies, the right of one individual not to be vaccinated must be weighed against the right to life of the general population.  This balancing act is a key component of democratic societies. In seeking to balance, the Government must act reasonably, proportionately and in the best interest of the greater population.

The following is a consideration of relevant fundamental human rights:

The right to life (Section 2 of the TCI Constitution)

This is an absolute fundamental human right and cannot be derogated. Accordingly, the Government cannot deliberately take a person’s life. This includes a duty to take proactive, reasonable steps (not all possible steps) to protect a person’s life; and applies when Government knows (or ought to have known) that life is at serious and immediate risk. In a health setting, reasonableness is judged against broadly accepted medical opinion. It is the Commission’s view that the Government has taken reasonable, proportionate, and pro-active steps to protect the lives of its citizens and residents.  None of the Government’s actions places any life at serious and immediate risk.

The right to be free from inhuman or degrading treatment (Section 3 of the TCI Constitution)

This is an absolute right and protects against serious physical or mental harm from the Government, whether that harm is intentional or not. The Commission views the Government’s action as proportionate and adequate to protect the general public of harm (both mental and physical).  None of the actions will result in inhumane or degrading treatment or harm.

Right to liberty (Section 5 of the TCI Constitution)

This is NOT an absolute right and can be derogated.   A person is deprived of their liberty when they are living under constant supervision and/or control and they are not free to leave.  The right can be restricted when necessary, under very specific circumstances.  A deprivation of liberty is only allowed if it is lawful, legitimate, and proportionate including for the purpose of ‘the prevention of the spreading of infectious diseases. ’Government’s action to implement the policies for the purpose of the prevention of Covid-19.  The actions are reasonable and proportionate and does not extremely restrict people’s movements.

The right to private and family life (Section 9 of the TCI Constitution

This is NOT an absolute right and can be derogated.  It protects our right to respect for private and family life including physical and mental wellbeing and autonomy (e.g., being able to make decisions about your health and care).  Condition of vaccination to enjoy certain benefits (entry into public places, hassle free travel, etc.) may in normal circumstances be a contravention of this fundamental right.  It is the Commission’s view that the Government action to derogate this right is warranted under the period of emergency and the derogation of the right is both reasonable and proportionate.  Persons are allowed to make the choice about their health however, the government has placed reasonable and proportionate restrictions based on the choice made in the best interest of the population at large.    

The right to be free from discrimination (Section 16 of the TCI Constitution):

This is NOT an absolute right and can be derogated.  This right seeks to protect our right not to be discriminated against and means that we should all be able to enjoy our human and fundamental rights without discrimination.  Differential treatment of people may not be discriminatory if it can be objectively and reasonably justified.  In this case with the ongoing public health emergency the action by the Government can be objectively and reasonably justified in the best interests of the population.

Case law in the EU and Caribbean

Courts in both Europe and the Caribbean have considered contravention of human and fundamental rights claims in relation to mandatory vaccines and derogation of citizens’ rights in times of emergency and crisis.

The European Court of Human Rights ruled that the Czech Republic did not contravene any of the EU Human Rights conventions by requiring mandatory vaccinations (it was not, however, in relation of the Covid-19 vaccine).

The Court in Trinidad and Tobago ruled that the Governments action to refuse entry of citizens into Trinidad and Tobago was not in contravention of any constitutional and fundamental human rights during a time of crisis.

Conclusion

The Commission is not persuaded that the Government’s policies have contravened any rights enshrined in the Constitution. Further, that the policies as implemented are so done for the protection of the public in this time of emergency caused by the Covid-19 pandemic is reasonable and proportionate and it is in their opinion in the best interest of the greater good.  We do not think that any of the actions by the Government described herein contravenes any human right or fundamental constitutional right of any resident of the Turks and Caicos Islands.

The Human Rights Commission continues to exercise its role as a watchdog institution and for the protection of rights for everyone residing in the Turks and Caicos Islands.

Media Statement provided by the Human Rights Commission of the Turks and Caicos Islands

Magnetic Media is a Telly Award winning multi-media company specializing in creating compelling and socially uplifting TV and Radio broadcast programming as a means for advertising and public relations exposure for its clients.

TCI Court

Eight Months facing Police Accusations and Court, now Pedro Grant Exonerated

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Dana Malcolm 

Staff Writer 

With no evidence to support their claim, the prosecution has dropped their case against Pedro Jose Alfredo Grant Gallon, the Dominican Republic citizen who was accused of impersonating an officer in September 2023.

The Police, who publicized the arrest and charge, have not yet commented on the matter despite Magnetic Media queries.

Grant, for his part, has always vehemently denied the accusations that he was impersonating an officer and described the circumstances surrounding his arrest as unfair.

He contends that on the evening of July 13, 2023, he was being followed by a strange driver, concerned, he waited until the man pulled off at a bar, then took his license plate number and called the police, but police never came to help Grant. He alleges that the next time he saw them, they came with handcuffs to arrest him. In a search, police found his IDs which included his documentation for humanitarian work with the International Diplomatic Alliance (IDA) and police lights attached to his vehicle. In explaining the possession of those lights, Grant said he told officers that they had been in his car from his time in the Dominican Republic where he was involved in law enforcement.

Since that time, Grant has maintained several facts:

  • The Police did not have a warrant to search his home and car;
  • The Police took his documents including passports and IDs, one of which was issued by the IDA, and to date have not returned them despite being court-ordered to do so;
  • The Police intimidated his wife with threats of deportation;
  • He never showed any ID, flashing lights at the man following him, or claimed to be an officer.

Police have steadfastly refused to comment on the case despite numerous queries into the bizarre circumstances, even with serious allegations like intimidation against them. Grant was officially charged with Impersonating an Officer in September but IDA Head Jerrod Crockett told Magnetic Media despite seizing documents from Grant to support their case, no one even called the organization to see if they were real or fake.

Now, when called to provide evidence to the court as to why they arrested and charged the resident, the police and DPPs office drew a complete blank as Wilkie Arthur, Magnetic Media Court Correspondent, confirmed it was a lack of evidence that got the case dropped.

Despite this win serious damage has been done Grant claims, describing his life as a ‘living hell’ and ‘miserable’ since the accusations were publicized.

The IDA says it has been affected as well.

“That really put a hurt on us for the last six to eight months now because of accusations of fraudulent documents that everybody else has seen. We’re trying to prove our legitimacy now because you guys can’t verify any documents— before you put everything out there as public information,” Crockett said of the Royal Turks and Caicos Islands Police Force (RTCIPF)

The president also told our news team they had lost thousands of dollars in funding.

Following the closure of the case we reached out again to police to find out on what grounds Grant had been arrested and charged but no response was issued.

 

 

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Crime

Man accused of kidnapping, raping and filming sex acts with woman for two days; Remanded until June

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Wilkie Arthur

Freelance Court Correspondent

A Dominican female, after allegedly being sexually assaulted, allegedly recorded performing sexual acts and allegedly threatened and held against her will overnight by a jitney driver will have to wait a little longer for the conclusion of the matter.

Identified as the accused in this case is ELVETHAN MCFAIAN HANDFIELD, 47 of Parrot Cut Street, Cooper Jack, Providenciales; it is in the area residents call, Glass Shack.

Hon Chief Magistrate, Mr Jolyon Hatmin has remanded the man to prison until his sufficiency hearing on June 7, 2024.

A Dominican woman, resident in Dock Yard, Providenciales reported to police that she was on the road waiting on a jitney when she was picked up by the accused HANDFIELD.  She said he asked her where she’s going?  She said she told him to Dock Yard and then jumped into his car.  The woman said she had just gotten off from work and wanted to get home, instead, the driver allegedly detoured to what she suspected was his home, where he reportedly pulled out a knife and forced her inside.

The woman was held captive, according to her account of events to Police.  Raped repeatedly between Friday April 19th to Saturday April 20th; and then was threatened not to report the matter or face being humiliated, because her alleged attacker recorded the sexual encounter, without her consent and was prepared to post it online.

 Officers of the Safeguard and Public Protection Unit arrested ELVETHAN HANDFIELD shortly after the release of the woman, who filed a formal complaint. He was subsequently charged by female detective Ms. Michelle Goslyn with two acts of rape of female complainant, her identity revealed but which we withhold due to the sensitive nature of the crime.

The charges were laid against him on Friday April 26 and his court appearance was on Monday, April 29, 2024. HANDFIELD was not required to enter a plea as the CM explained to him that these are indictable offenses. The serious nature fit only for a Supreme Court trial.

In his attempt to get bail, as he was unrepresented at the arraignment, Ms.Tassja Mitchell of the DPP’s Office outlined all that is mentioned above and further told the Court that he there are other investigations pending, with more charges to come for the man who is known to the Police.

Mitchell explained that the Crown is opposing bail; expressing sincere concern for public safety if the suspect were to be released.  

While the Chief Magistrate dismissed hearing more about the other matters pending against ELVETHAN HANDFIELD.  

The Senior Public Prosecutor, Tassja Mitchell, in making a case for NO BAIL expressed to the Court that the Rehabilitation of Offenders’ Ordinance prevented her from giving the details of HANDFIELD’ convictions.

Bail for the man was denied; he is currently on remand at His Majesty’s Prison in Grand Turk.

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TCI News

Graceway Communities Hosts Successful Earth Day Farmers Market and over 1.2 tons of litter removed from the Nation’s Capital

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Providenciales, Turks and Caicos Islands – April 28, 2024– Graceway Communities, the charitable arm of Graceway Supermarkets, proudly hosted it’s fourth annual Earth Day Farmers Market, providing a platform for local farmers to showcase and sell their produce, fruit trees, and vegetables grown in their own backyards. The event, held in conjunction with various partners, aimed to promote sustainability, support local agriculture, and raise environmental awareness.

Collaborating with Environmental Arts, Sunshine Nursery, the Department of Agriculture, DECR, Fortis TCI, and TC Reef Fund, Graceway Communities saw the participation of farmers and community members from across the sister islands.

As part of the Earth Day festivities, Graceway Communities, in partnership with the Edward Gartland Youth Center displayed the first of three sculptures at IGA from April 19th to 23rd, captivating onlookers with its powerful message and artistic expression. The collaborative sculpture effort, led by youth from the Clement Howell Environmental Club, aimed to raise awareness about environmental issues, particularly the impact of plastic pollution on our planet.

In a bid to further commemorate Earth Day, Graceway Communities extended its efforts to Grand Turk, where a successful clean-up campaign was organized the following weekend. Six teams participated in the campaign, collectively collecting an impressive 2567.77 pounds equivalent to 1.2 tons of garbage from the environment. The New Testament Church of God emerged as the winners of the clean-up campaign, receiving a prize of three thousand dollars in recognition of their dedication and hard work.

Board Director of Graceway Communities Ms. Edith Cox commenting on the Earth Day festivities stated “Graceway Communities continue to make a positive impact on our local communities. Earth Day reminds us of our stewardship to protect and preserve our environment for future generations. The collaboration of our various stakeholders contributed to making this event an awesome success!

Commenting on the massive cleanup campaign the board chair stated “The Grand Turk Communities benefitted from a massive cleanup ridding their communities of more than 2,500 pounds of trash. Kudos to all who showed up to support their communities and their environment! The TCI can look forward to more environmentally friendly initiatives from Graceway Communities as we continue to make a difference in our communities!”.

For more information about Graceway Communities and their environmental initiatives, please visit www.gracewaysupermarkets.com.

 

 

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