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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

New data reveals Housing pitfalls, government reveals detailed plan to fix it 

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Dana Malcolm 

Staff Writer 

 

 

#TurksandCaicos, August 11, 2023 – Many Turks and Caicos Islanders are spending unsustainable amounts of money on housing, according to data gathered by the Housing Department via the National Housing Needs Survey, emphasizing the need for affordable homes.

Dominique Durham, Deputy Permanent Secretary of Physical Planning and Infrastructure Development

“Respondents of that Survey provided that the majority of households spend more than 50 percent of their income on housing expenses.  Now, as a rule of thumb, especially in America, if you spend more than 30 percent of your income on housing, it is deemed not affordable,” Dominique Durham, Deputy Permanent Secretary of Physical Planning and Infrastructure Development, revealed.

He shared other significant data collected that showed the dire state of the housing market locally, including that nearly a quarter of residents live in damaged homes.

“It also revealed that 21 percent [of respondents] are living in homes in need of repair and 69 percent are looking to purchase a new home within the next five years,” Durham said.

Despite the intent to buy a home, the survey also revealed that many Turks and Caicos residents thought the housing market needed more affordable options for them to be able to bring that dream to fruition.

The majority of residents (32 percent) voted for the Government to create more options for affordable housing when asked what would best improve their housing needs.

Other popular suggestions included:

  • Creating Government housing loan programs (25 percent)
  • Housing subsidies (15 percent)
  • Home improvement/refurbishment programs  (11 percent)

All of those suggestions voted on by residents have made their way into the Housing Policy as either short-term or long-term programs.

Jamell Robinson, Minister of Physical Planning and Infrastructure Development

“Long-term projects include inclusionary zoning, large-scale housing through public-private partnerships, and eventually, we will be establishing a National Housing Authority and Trust whereby we hope to lend at affordable interest rates.  We also are looking to roll out help-to-buy schemes in the near future as we appreciate that an issue is also access to financing,” he said.

The Government is aiming to use these suggestions, voted on by residents, to fix the gaping hole in the market, but even with these new programs, there’s one thing residents say they need to purchase homes– better pay.

Jamell Robinson, Minister of Physical Planning and Infrastructure Development, was hit with the question of whether the Government would start to pay residents more so they could have more cash to afford housing.

The minister said step one was increasing public cash flow (with a pay and grade review for the public service now being conducted), and step two was upskilling all individuals to make them more marketable in the private sector.

“Our Job– is to ensure that our citizens as Turks and Caicos islanders can add value to themselves so they can participate more in the open market, and one of those ways is by making the community college free so you can access higher education– in a free open market which we have here, it’s hard to dictate to the private sector what they can pay a specific individual so we want to grow our individuals to make sure that they can level up,” he explained.

The Housing Policy launched on July 27th in Providenciales.

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Government

Islander Status Law Passed; Welcomes Third Generation, DNA Testing now Mandatory

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Dana Malcolm 

Staff Writer  

 

#TurksandCaicos, August 11, 2023 – DNA testing will now be a requirement for certain residents applying for status via family members.  The provision was signed into law on July 19th and government leader of business in the House of Assembly, Washington Misick, TCI Premier, explained the rationale for this now approved pathway to Turks and Caicos citizenship.

“This provision will allow for DNA testing to establish parental relationships in the Turks and Caicos Islands for the purpose of TC Islander status.  By incorporating these criteria we ensure a robust and reliable method of determining familial connections if and when necessary,” he said.

During initial debates, Members of the House of Assembly had raised instances where parents could not provide the proper documents for their children to prove parental rights, for whatever reason.  DNA testing was introduced as a swift and reliable solution in these cases.

“This is very important, I think we all know that claims have been made both by Turks and Caicos Islanders and by others claiming to have kids that are not theirs but also making sure that children who have a right to status are not denied by parents who may want to abandon them,” Misick insisted.

The measure was wholeheartedly supported by Edwin Astwood, Opposition Leader.

Also accepted, that Great-grandchildren of TC Islanders will now be able to claim status following the passage of the anticipated Turks and Caicos Islanders Status Amendment Bill.  It was one of many changes, altering how residents can get status and rights to long-term stay in the country.

Tabled by Washington Misick, TCI Premier, it:

  • Extends acquisition of status to persons born outside the islands with family links through a great-grandparent – Misick said this recognized the importance of family ties. “It may seem distant, but here in this House, we have examples that could mean our offspring could find themselves disenfranchised. Just about every family has a similar situation,” he continued, “if we are truly interested in growing the franchise and maintaining control of it, then we have to ensure we put provisions in place for [it] to be extended through our own bloodline.”
  • Extends automatic status to the dependent children of residents who are awarded status by grant, ONLY if they are living in the country at the time of application. The Premier indicated this was to remove the undue burden from families with qualifying dependents;
  • Creates separate forms for residents applying for status through marriage and grants and legalizes electronic applications. Misick said this clause focused on making sure that families who legitimately have a right to be in the islands are not discriminated against;
  • Removes the Attorney General from the Status Commission and appoints an external attorney. This attorney must have 15 years of experience and a background in public law, thus ensuring that the commission benefits from legal expertise. Misick said that the removal of the Attorney General was to reduce the opportunity for legal challenge and to ensure that there is no claim of the Governor or AG having their ‘finger on the scales,’ bringing more integrity and transparency to the process.
  • Sets out parameters for qualification and disqualification of Status Commission Members. “The grant of status is an extremely important offer, and it is important that people have the skills, the background, and qualifications to understand the implications of their decision,” the Premier explained;
  • Authorizes DNA testing. To establish parental relationships for status/make sure that children with the right to status are not abandoned by parents and;
  • Extends the year’s application period to December 2023. This is to residents the opportunity to fully understand the changes prior to applying.

The amendments were debated by residents, with a survey on the bill opening in June and closing later that month. The proposed changes by the Government all made it into the finished legislation with the addition of the clause granting status to great-grandchildren.

The bill passed with general support from both sides of the House of Assembly with the Opposition and Government acknowledging the gravity of the changes, without which Turks and Caicos Islanders would become outnumbered four-to-one in a few decades.

The premier maintained that they would continue to carry out public education seminars and give residents time to settle into the new changes fully.

Those meetings commenced with the business community last week.

The introduction of mandatory DNA results follows as a way to end forgery and conniving by applicants.

“It’s no secret that people get paid to say children are theirs in the Turks and Caicos— so I am very happy to see this here concerning DNA testing. It cannot only be used to disqualify, but as the Premier so rightly said to qualify.”

Residents had been asked to vote and give their opinions on the proposed change to Section 23 of the Islander Status Amendment Bill in June. With the new provision the Turks and Caicos joins a myriad of other countries including the United States who employ DNA testing to establish paternity before status can be granted to applicants.

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Government

JOINT STATEMENT FROM HER EXCELLENCY THE GOVENOR AND THE HONOURABLE PREMIER ON OPERATIONAL RESPONSE MEASURES

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#TurksandCaicos, August 9, 2023 – Since our joint statement released on 2 August following a fatal shooting incident in Providenciales, there have been two further non-fatal shooting incidents in Blue Hills and Five Cays. The Royal Turks and Caicos Islands Police Force (RTCIPF) are actively investigating all three incidents.

We undertook to keep you informed on the steps we are taking to support the operational policing response, to ensure the threats to our safety are gripped and effectively tackled, in both the immediate and longer term.

The Royal Turks and Caicos Islands Police Force Tactical Unit remain in active deployment in addition to strengthened patrols by our Community Policing Units. You will see more operational police officers across Providenciales as the RTCIPF continue their investigative and enforcement operations.

In support of these operations, the following capability has been put in place to date:

  • –  The Royal Cayman Islands Police Service (RCIPS) has deployed of one of its H145 helicopters. The helicopter and crew arrived on Sunday. Since their arrival, the crew have been working with RTCIPF on planned operations to provide critical aerial support as part of our operational response measures. The UK Foreign, Commonwealth and Development Office (FCDO) is funding this deployment.
  • –  In tackling our shared threats, the HMBS Bahamas, the flagship of the Royal Bahamas Defence Force, is currently in our jurisdiction, working in collaboration with our maritime partners to patrol our territorial waters against any illegal activities occurring at sea. Members of the RTCIPF and TCI Regiment are on board the HMBS Bahamas as part of this joint operation.
  • –  The Turks and Caicos Islands continues to work in partnership with our colleagues from US Homeland Security Customs and Border Protection (CBP). CBP assets are supporting the surveillance of our waters and those further afield, enabling early warning of suspicious vessels and acting as a deterrent to those who want to reach our islands undetected.
  •  – To ensure the ongoing investigative capacity of the RTCIPF, the FCDO has allocated additional funding to extend the timeline of the serious crime team deployment.

This immediate package of measures seeks to provide substantial capability to our operational response, co-ordinating efforts on both land and sea. It will allow us to continue to investigate vigorously and bring to justice those who are causing harm and threatening our peace and security. We are particularly grateful to the Governments of the Bahamas and the Cayman Islands for their steadfast support at this critical time.

We will continue to assess threats and keep you informed of our efforts to ensure the safety and security of our communities.

To assist our police investigations, we kindly ask for your cooperation. If you possess any information, regardless of its significance, please speak to someone you trust or contact TCI Crime Stoppers at 1-800-8477 to provide information anonymously and with confidence, for the safety of all.

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