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Grand Turk Prison in Breach of Human Rights Standards, investigation finds

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Dana Malcolm 

Staff Writer

 

 

TurksandCaicos, March  14, 2023 – Despite significant upgrades, because of continued overcrowding, poor sanitation, and regular sewage issues, His Majesty’s Prison in Grand Turk is still not fit for human habitation, and is in breach of International Human Rights standards, says the TCI Human Rights Commission following recent investigations carried out in the facility.  

The Commission conducted an unannounced review of the Prison on February 23, after receiving ‘information of alarming conditions’. They say what they found was unacceptable.

“The visit revealed that the facility is currently overcrowded with a total of 131 inmates, which included persons on remand,” said Sabrina Green, Head of the Commission.  Some of the prisoners had been on remand for significant lengths of time impeding their access to justice, and the facilities themselves were found wanting. 

“One of the major issues and concerns identified by the Commission was the back-up of sewage at the facility.  The sewage network at the HMP is dated, and seems to be in disrepair.  The system is not suited to the capacity of individuals housed there.  Pipe blockages occur frequently, when foreign objects are flushed down the toilets, by the inmates, often as a form of protest.  The current issue appears to have been caused by a rock being lodged in the pipes, causing the back-up in one of the septic tanks which resulted in an overflow,” Green explained 

The issue was picked up on February 14th by Magnetic Media, when videos of the gray sludge, and overflowing bathrooms where inmates had to contend, were shared by inmates and their relatives.  It took more than a week before concrete answers were provided for the public by the Ministry of Home Affairs, led by Minister Otis Morris. On February 21st, the Ministry admitted there were issues with sewage and said they were being dealt with. The visit by the Human Rights Commission was two days later. 

Along with the sewage issue that the Commission reported to have found:

  •  Most of the showers are in disrepair except for the White Wing, and currently on one wing, every toilet on the left-hand side fails to flush.  
  • The new and improved Yellow Wing lies empty, despite its working facilities. Inmates cannot be housed in it because it is missing special doors, which can only be sourced from the UK.
  • One of the ‘Women’s Wing’ door locks, also available only in the UK, still remains broken after being reported by the Commission several years ago.

Prisoners, as pointed out by Green, have a right to an adequate standard of living and prison officers must ensure that proper health standards are met, under the Universal Declaration of Human Rights (Article 25).  Despite this, the prison has repeatedly been found to have an inhumane standard of living for people on remand and inmates.

At this time, it is also a concern to the Commission that those incarcerated are getting no outdoor time; managers of the facility have admitted this, the statement says.

“Several of the previous Superintendents in charge of the facility have stated that the only solution is to build a new facility fit for the purpose of incarceration and rehabilitation.  The problems with sewage at the facility are one of the many reasons the facility is not fit for human habitation.”

Magnetic Media interviewed Minister Morris regarding the report; he explained that while he had been out of the country, everything was, by now, ‘back to normal’.  He also explained that, the Cabinet plans to visit the facility on March 8th, which is today – to see the beleaguered prison for themselves. 

While challenges are evident and vexing, the Commission reports that there have been significant upgrades, namely:

  •  The facility stank of sewage. The authorities carried out extensive work on the sewage system in recent years, and now, problems with the sewage are dealt with quickly, even though they still occur. 
  • Previous reviews noted that the water provided to the inmates was discoloured. This was believed to be from rusty cisterns; now, it is of better quality.  
  • In the past, inmates were forced to use buckets in their cells to go to the toilet.
  •  The facility has improved, and Internal fencing and CCTV cameras have made it a much safer place. 

Green admitted that Senior leadership and staff at the prison consistently make efforts to improve the environment. Also, funding for the facility has been acquired but there is a lot of work left to do, and that requires a greater sense of urgency.

“The Commission has been making regular visits to the facility for over a decade, and has witnessed many improvements.  However, these improvements are noted as the best that the authorities can do, with the resources provided by the government, which tends to be temporary solutions to existing problems,” she explained. 

There are efforts for rehabilitation at the prison, which the Commission also acknowledges.  For example, she said, “The farm is an excellent tool for the rehabilitation of offenders, and the classroom at the facility houses have computers connected to the internet that allow several inmates to take online courses, providing genuine qualifications.  These improvements, although commendable, are not enough to comply with International Human Rights standards,” Green maintained.

“There remain many problems with the facility, and each one dehumanises the inmates that little bit more, and acts as a barrier to effective rehabilitation.” 

Using Norway, which has a recidivism rate of 20 percent, Commissioner Green has encouraged the authorities to focus on the prisoners’ wellbeing to make their efforts at rehabilitation effective.

Government

TCI Public weighs in on New PC Edvin Martin

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Dana Malcolm 

Staff Writer 

A warm welcome laced with cautious hope from residents is what greeted Edvin Martin, Commissioner of the Royal Turks and Caicos Islands Police Force (RTCIPF), when he was sworn into office on April 22, 2024. 

Washington Misick, TCI Premier and Co-chair of the National Security Council,  spoke on behalf of residents during the ceremony, held in Providenciales.

“We have been looking forward to your arrival and for everything that we know about you we are expecting great things,” Misick said, indicating the country was anxious for a return to more peaceful days.

Acknowledging that policing is not the job of a single person, Misick also vowed his support.

The residents who tuned into the live event shared similar sentiments, many welcoming Martin, others, hopeful that his confident words would come to fruition.

Dozens of congratulatory comments were shared by users to Martin, and obviously appraised of his record as former police chief of the Royal Grenada Defense Force commenters expressed satisfaction at his hiring. 

“One country’s loss is the next one’s gain….all the best sir,” said one user.

Others were pleased with his introductory remarks.

“He speaks with great confidence, professionalism, and surety, I have faith that he and the entire RTCIPF will do well, God Bless and protect you all,” one resident said. 

Another followed it up with  “He speaks with great authority! We are looking forward to great work from you and the RTCIPF team at large.”

Others were interested and hopeful, but still cautious, comments included:

“We Shall see what will be what.” 

“Hopefully we see more than just ‘Round-about Policing’ and Ticketing. We want guns off the street. Justice and Peace. All the best.”

Also in the comments? Residents seemingly from Martin’s home country of Grenada

 “Proud of you Mr. Martin and I am confident that you will do an excellent job. God is with you and we love and respect you,” said one such individual. 

Other residents were flat-out angry and called for boycotts of the ceremony. 

Rodney Adams, Deputy Commissioner of Police, advised Martin to take stock of and put to use his entire team rather than engaging with a select few.

“I firmly believe that a house divided against itself cannot stand. We, your executive team, are here willing and able to work with you as our team leader to get the job done.”

For his part, Martin made several promises to the people of the TCI, for whom he is now responsible.

“As your Commissioner of Police, I assure you of my unwavering commitment to serve this nation with pride and integrity. I commit to being a Commissioner for the people and doing everything within my power to safeguard our communities.” 

Martin began his tenure on April 22.

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Government

Knowles gets $14 Million Budget, plans to EXCEL in Service Delivery

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Garfield Ekon

Staff Writer

With an allocation of $14,918,892, to be spent during fiscal year 2024, 2025, the Ministry of Public Safety and Utilities will seek to consistently excel in service delivery and produce high quality products.

Delivering a Ministerial Statement to the National House of Assembly, recently, Portfolio Minister, Hon. Kyle R. Knowles says part of this year’s mission is to enhance customer service experiences and uphold the ‘highest standards of excellence and accountability” for the citizens of the Turks and Caicos Islands.

“It is on this basis that the Ministry’s focus will be on ‘Forging Ahead: Building A Stronger, More Sustainable Ministry,’” as it aims to deliver on key programme strategies achieving “our key strategic priorities and initiatives,” he said.

Adding that the work of the Ministry is “closely linked” to the Government’s mandate in delivering for the people, he said collectively, its work to achieve “these very ambitious goals” for the benefits of citizens. 

Immediate priority is being placed on the Energy and Utilities Department, which is “heavily engaged in regulatory reform,” and requires a robust, multifaceted and strategic approach to strengthening and expanding regulatory oversight. 

“The current regulatory environment is in dire need of reform, and the Ministry remains resolute in executing on the Government’s mandate as it relates to energy and utilities and the impact it has on” Islanders, the Minister said.

He pointed out that a key part of the reform will be the establishment of a multi-sector independent regulatory body, which will be responsible for ensuring regulatory accountability, good governance, independence, and transparency.

Crucial to the reform he said, will be modernising the legislative framework to better oversee monopoly and quasi-monopoly utilities, “ensuring that the Government sets policy while the Regulatory Commission carries out its legislated responsibilities independently,” he told the assembly.

He said sustainability underpins the strategic goals of the Department, and the critical intersection of regulatory reform and renewable energy highlights the necessity for a contemporary regulatory framework to address the evolving energy landscape. “This reform is pivotal for harnessing renewable energy’s potential to help with stabilising electricity rates,” he said

Minister Knowles said the ]Department will be “heavily engaged” with professional consultancy to support, mobilize and carry out its important work, and the Water Undertaking in line with the Government’s commitment to the development and expansion of water infrastructure on Grand Turk,  “significant progress has been made on the 1-million-gallon salt water reverse osmosis plant project.

“Many milestones have been met on this initiative and we anticipate a successful completion and commissioning this year after the construction of the Reverse Osmosis plant building, distribution pump building, feed pump building, piping works and electrical works for the Reverse Osmosis plant,” he said.

He also reported that the Department of Rehabilitation and Community Services is committed to preventing and reducing crime in the island, through effective offender management, community partnerships, and dynamic rehabilitation initiatives. 

“We will be focusing on enhancing the physical, procedural, and dynamic security across the prison. These efforts will ensure that we continue to protect and serve the public by keeping prisoners safely detained who pose the greatest risks to our nation’s security,” he said.

 The Domestic Fire and Rescue Service, one of key frontline departments, will be focusing on strengthening its legislative powers through the implementation of supporting regulations to ensure better compliance and stronger enforcement throughout the islands “ensuring that fire safety standards are adhered to and are supported by proper inspections and maintenance,” the Minister said.

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Government

RECENT CHARGES AGAINST US NATIONALS FOR POSSESSION OF AMMUNITION OFFENCES

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The Turks and Caicos Islands Government cannot comment on ongoing legal cases before the courts but confirms the following four (4) US nationals have been charged for possession of ammunition offences against the Firearms Ordinance (as amended).

  • MICHAEL LEE EVANS, 72, of Texas, pled guilty to possession of seven (7) 9mm rounds of ammunition. Appeared before the court on Wednesday, 24th April 2024, via video conference link. Currently on bail, with sentencing hearing adjourned to June 18th, 2024.
  • BRYAN HAGERICH, Pennsylvania, pled guilty to possession of twenty rounds of ammunition  (rifle rounds). Currently on bail. Scheduled to reappear in court on May 3rd, 2024.
  • TYLER SCOTT WENRICH, 31, of Virginia, is currently remanded at the Department of Corrections and Rehabilitation (Grand Turk). He is charged with possession of two (2) 9mm rounds. He has not applied for bail.
  • RYAN TYLER WATSON, 40, of Oklahoma, currently on bail, charged with possession of four (4) rounds of ammunition. Appeared in court on April 24th, 2024. The matter was adjourned to June 7th, 2024

Persons in the Turks and Caicos Islands do not have a constitutional right to carry firearms. The Turks and Caicos Islands welcomes all visitors but reminds travellers that the importation of firearms, ammunition (including stray bullets), and other weapons is strictly forbidden unless licence to do so has been issued by the Commissioner of Police.

The Turks and Caicos Islands have clear laws against the possession of firearms and or ammunition and strict penalties in order to serve and protect the community. Firearm and or ammunition offences carry a mandatory minimum custodial sentence of twelve years plus a fine. An Attorney General’s Reference to the Court of Appeal certified that where a court finds there are exceptional circumstances, the sentencing judge has discretion to impose a custodial sentence (less than the twelve years) and a fine that are fair and just in the circumstances of each case. The Turks and Caicos Islands is a British Overseas Territory with a common law legal system.

Travellers are strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently. The Turks and Caicos Islands reserves the right to enforce its legislation and all visitors must follow its law enforcement procedures.

The Transportation Security Administration screening in the United States may not identify ammunition in a traveller’s baggage; it is the traveller’s responsibility to ensure their baggage is free of ammunition and/or firearms. Permission from an airline carrier does not constitute permission to bring firearms or ammunition into the Turks and Caicos Islands and will result in arrest.

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