HRC ‘extremely concerned’ about prisons

The Cayman Islands Human Rights Commission is ‘extremely concerned’ about two issues related to the local prison system, according to correspondence obtained by the Caymanian Compass.  

The first concern of the watchdog group that was created under the country’s 2009 Constitution is what its chairman Richard Coles refers to as “unwritten policies and procedures” which govern strip searches of prisoners. The second regards whether the prison system’s complaint procedure is being adhered to “in the strictest sense”.  

According to a letter sent by Mr. Coles to Governor Duncan Taylor’s office in June: “We have written to the Portfolio of Internal and External Affairs expressing our desire to have sight of the ‘comprehensive written procedures [being developed to] govern the way in which searches, including strip searches are conducted … Further, we implored the portfolio to ensure these procedures are implemented in a timely manner.”  

It was not clear whether the strip searches complained of had occurred at Northward Prison, where male prisoners are housed, or at Fairbanks Prison, the facility for adult females.  

Mr. Coles’ letter states that the Human Rights Commission has reviewed “several complaints” made in relation to the prison system and was sending the letter to the governor to draw attention to some of those matters.  

The letter made mention of other complaints in addition to those regarding strip searches and prison complaints procedures.  

“We have had additional complaints related to the prison which we feel need to be investigated by an independent investigator, such as overseas territory prison coordinator Stephen Fradley,” Mr. Coles wrote. “We ask that you [referring to the governor] give serious consideration to commissioning such an independent review into the Cayman Islands prisons system.”  

Cayman’s Human Rights Commission is somewhat limited in the investigative powers granted to it under the Constitution. It does not have the ability to act in a judicial capacity to make binding determinations as to whether any right or freedom granted in Cayman’s Bill of Rights has been breached. Nor can it summon witnesses or take sworn testimony or “compel any person to do anything against his or her will”.  

Also, sections of the 2009 Constitution’s Bill of Rights that relate to the rights of prisoners and responsibilities of the government for those prisoners do not come into effect until November 2013, according to the governing document.  

Mr. Coles’ June letter did not specify what the “additional complaints related to the prison” referred to in his letter might entail.  

Governor Taylor sent a reply to Mr. Coles’ letter on 22 August. Mr. Taylor said a draft of the policy regarding prison strip searches was being reviewed by the attorney general’s office to determine whether it met all legal and international requirements.  

Mr. Taylor also expressed concerns about how the prison is handling complaints.  

“It is clear to me that our current complaints procedures are too cumbersome,” the governor wrote, adding that he hoped a revised simpler process could be agreed to shortly.  

Other issues  

In August, the Caymanian Compass reported that prison staff recovered more than three pounds of ganja, as well as several bottles of rum after the contraband was allegedly tossed over the prison’s walls.  

Northward Prison’s Training and Information Manager Ricardo Lashley said, “Staff found on five occasions ganja thrown over the fence or hidden outside the perimeter. These finds also led to the recovery of four mobile phones, four bottles of rum and a phone charger.”  

The contraband was found between 7 and 13 August, Mr. Lashley said. Cayman’s Prisons Law now makes it an offence punishable by three years imprisonment for anyone caught smuggling or attempting to smuggle contraband into any local prison.  

In addition, the Caymanian Compass has received reports of a fight at the prison occurring last month after which at least one person, an inmate, was hospitalised. Repeated queries to the prison service had not elicited a response by press time.  

Tom Hines with the governor’s office said those issues were not directly related to the matter brought up by the Human Rights Commission. However, he said a separate review being conducted at the prison was focusing on “quality of life” and job-related issues for prison officers and prison inmates.  

Portfolio of Internal and External Affairs Chief Officer Franz Manderson confirmed the review was being conducted by Cambridge University so that government officials could “have a greater understanding” of what was happened within the prison system, particularly with a view to the upcoming implementation of Cayman’s first Bill of Rights.  

“We all understand we need to do better in the area of prisoner rehabilitation,” Mr. Manderson said.  

He added that later this year another independent review would be conducted at Northward on prisoner rehab efforts, potentially with a view toward reinstating the position of corrections and rehabilitation commissioner that has been vacant since the December 2009 death of previous commissioner Bill Rattray. 

Mr. Manderson said the reviews being conducted were not a reflection on current prisons director Dwight Scott, who he said government had “full confidence” in.  

“He’s doing a great job there,” Mr. Manderson said.