NATIONAL SYMPOSIUM ON CRIME - COMMONWEALTH OF DOMINICA
Prisons Services (Stock Farm)
Superintendent of Prisons, Mr. Algernon Charter, commenced his contribution by sharing his department's Mission Statement as follows:
"The Dominica Prisons Service serves the public by keeping in safe custody those committed by the Courts. Our duty is to look after them with humanity and to help them lead law-abiding and useful lives in custody and after release."
Prison Population
The prison population to date was 266 inmates including three (3) females. Mr. Charter stated that the prison was presently overcrowded.
Proposals submitted to the Ministry of Finance on an annual basis catered for 275 inmates, as it was believed to be the maximum number that could be tolerated. Two hundred (200) was quoted as an ideal number of prisoners that could be accommodated but 263 males, as was at present, had serious repercussions for the physical, financial and personnel resources.
Offences
The main offences were that of drugs, sexual and theft (burglary, robbery offences etc.) Under the drug and drug related offences, most inmates were incarcerated for marijuana, crack, cocaine or any drug-related offences like theft, in order to maintain their habit; grievous bodily harm to secure their drugs, beating and escaping from custody to go and secure their drugs. The drug offences were linked to the economic situation as most offenders would complain of their inability to get a job and claim that drug trafficking was a lucrative business.
Mr. Charter reported on the situation where enduring friendships were formed within the institution among the inmates and that one inmate, on being discharged from the prison, within one hour would return and would throw drugs over the fence which inmates would use at nights in their cells which posed a problem to the officials.
In recent times, there had been an increase in sexual offences - rape, indecent assault, sex with a minor, etc. Persons charged with such offences, when at the institution, did not see or equate themselves as criminals. Mr. Charter told the meeting, however, that those were the best behaved and worked the best. He went on to express a fear that if nothing was done about those inmates, they would return to society, they would work better and smarter and would continue in their 'trade'.
Theft and burglary was seen to come from the lower strata of society and most inmates claimed it was due to the economic situation. Mr. Charter was of the view that those offences might be due to habits formed, or done to maintain their status quo or habits.
Programmes
/On entering the prisons, inmates were categorized into four groups. Inmates categorized at A were those that the prison authorities would not allow to escape from custody; B were those who had intention to escape and the prison authorities would ensure that they did not; C were those who could not work on their own; they required supervision otherwise could be influenced by other inmates; D were those who were put to work with scant supervision and Orderlies fell under that category.
Inmates were then provided with various skills under the Skills Programme - Arc Welding, Auto Body Mechanics, Auto Body spray-painting, Mechanics, Pottery, Agriculture, Animal husbandry, Tailoring, Leather craft. Inmates were also provided with Bible Study through various religious denominations on afternoons. There was also a vibrant Adult Education section where remedial education was undertaken and recently, there had been inmates who passed the Junior Secondary Programme examinations. Presently, Caribbean Examination Council examinations were being ventured upon.
Counselling was being undertaken on a small scale from persons who had some training. The challenging part, however, was to secure more counselling services. Recommendations in that regard had been made to Government for a Counseller or Psychologist to be attached to the Prison Service. Mr. Charter expressed the need for additional teachers to undertake the Adult Education Programme with all inmates and also for a doctor who could attend to the inmates on a daily basis. Mr. Charter made the point that all the needs outlined were provided for in the laws of the country.
Physical Resources
/Following Hurricane David in 1979, the Prison Services acquired the St. Luke's Hospital but that section could only house 40 inmates. To date, however, there were 95 inmates in that section. Later five new association cells were built to occupy 25 inmates, but presently, 30 were accommodated in each of those, hence a total number of 150 inmates in those five cells. The security area consisted of 12 single cells, however, up to 18 inmates were accommodated there; to date, two additional persons were expected to join on charges of murder, hence the total number would be 20. The number of persons presently on murder charges housed in the security block posed a problem for the prison authority. Proposals had been made for better habitation for the inmates and funds were expected to build a new facility with prison labour.
Mr. Charter told the meeting that there was presently no infirmary, nor was there a doctor's office and that there were serious concerns about the possibility and the implications of an inmate contracting a communicable disease.
Financial Constraints
Mr. Charter informed the meeting that the food budget for the prisons was reduced by $92,000 in the year 2002 and in the present year, 2003, a further $100,000 was removed.
There were insufficient funds for the maintenance of cells and the allocation for that head in the estimates was greatly reduced.
Presently, there was a piggery with over one hundred pigs and the intention was to introduce rabbits and poultry. Assistance had been sought from the Ministry of Finance with regard to the accounting aspect of the establishment of a prison industry through which meat and vegetables could be produced for prison consumption and for sale in the local market. Assistance was also sought in the area of production of small craft items for sale to the general public. It was felt that that could assist, given the reduction in funds budgeted for food. However, there had been no response from the Ministry of Finance. The way forward was to present another project for fund raising to the Ministry of Finance for approval. Mr. Charter was of the view that with additional staff, about 150 of the present inmate population could be put to work towards sustaining the prisons by supplementing the food supply for the institution.
Mr. Charter expressed fears that if there were a mass escape from the Prisons, it would greatly affect the tourism industry and if the prisons could not hold the prisoners, it would be disastrous for the entire country.
Discussion
In answer to a question concerning funds raised from various projects undertaken by the Prison Service, Mr. Charter informed the meeting that from funds raised, it had been possible to extend the piggery, build a rabbit hut, fence an area on the existing farm and he was presently looking forward to the building of an abattoir and poultry farm.
In answer to another question regarding prison accommodation, Mr. Charter told the meeting that the prison was built in October 1954 to accommodate 80 inmates and prior to Hurricane David, there was a population of about 64 inmates with one female.
Mr. Charter also confirmed that visits to schools by prison officials to talk to students were undertaken from time to time in various schools and more of that programme would be promoted in the present school year.
Ministry of Foreign Affairs, Trade and Marketing
The Permanent Secretary, Mr. Irwin LaRocque, informed the meeting that the three (3) prime challenges faced by his Ministry were, deportation of criminals from other countries, border immigration issues and extradition treaties.
Deportation of Criminals from other Countries:
Mr. LaRocque observed that for the past six years, there had been an increasing number of persons being deported, especially from the United States while there have been lesser amounts from Canada and Europe. Those convicts were deported after having served sentences in those countries. At one time, the United States deported those criminals to Dominica without any notice to the Dominican authorities, except if travel documents were required. However, after discussion with Caribbean countries, the United States have begun notifying the Ministry of Foreign Affairs which would then notify the other relevant Ministries.
Mr. LaRocque noted that the crime statistics, especially in the larger countries of the Caribbean, were on the rise and that was partially attributed to deportees who had been involved in criminal activities in other countries.
Mr. LaRocque informed the meeting that of late the Europeans had made approaches regarding prison exchange, whereby a Dominican convicted in an European country would serve his sentence in Dominica.
Border Immigration Issues:
Since the incident of 9/11, issues such as financing of terrorism, treaties to which member states of the United Nations were legally obliged and the control of ports, all posed a challenge to Dominica. Non-compliance usually brought about subtle pressure which affected countries like Dominica. Mr. LaRocque observed that sometimes, the link was not made between those international issues and how they affected domestic policies. In that regard, he made reference to Dominica's support for the International Criminal Court, a move for which Dominica had been negatively affected. Mr. LaRocque noted that it was difficult to get other stakeholders to understand the long term implications of not addressing their minds to those issues, and that it was not only a matter for the Ministry of Foreign Affairs.
Other related issues with respect to border and immigration, was a concern that Dominica could be used, and was being used as a transit stop for persons to move on to other destinations. He informed the meeting that recently, the Ministry had been alerted to persons of a certain ethnic background who had been trying to establish a tourism agency in New York in order that their people could travel to the Caribbean. It was determined that those persons may have been involved in moving persons from Dominica to other areas. Mr. LaRocque observed that those travellers were legitimate and presently Dominica did not have any laws to prohibit such movement.
Mr. LaRocque also told the meeting that the Ministry was aware that persons from Caribbean islands such as Cuba and Haiti who came into, and left Dominica legally, those persons then moved on to another state illegally. That situation of assisting persons to move onto and enter other areas illegally was referred to, internationally, as human trafficking and posed a tremendous problem for Dominica. It had also come to the attention of the Ministry of Foreign Affairs that there were persons in Dominica who were involved in human trafficking. At present, the Ministry of Legal Affairs was preparing draft legislation to deal with the problem. Mr. LaRocque went on to make the point that it was no accident that Canada had imposed visa restrictions on Dominicans and was of the view that it was linked to a certain element of human trafficking. He also made reference to the fact that Anguilla had imposed visa restrictions on Jamaicans and Guyanese as nationals from those islands used Anguilla as a transit point to move on to St. Martin, to the Virgin Islands and then on to the United States.
Mr. LaRocque expressed fears about the possibility of persons with terrorists intentions using Dominica as a transit point to get on to North America which would pose even a greater problem for Dominica both domestically and internationally. The recent approval by Caribbean Governments of free movement of CARICOM nationals was also mentioned as a possible gateway that would facilitate the movement of criminals. He was of the view that while free movement of travel was necessary for Dominica's economic development, it would impose upon the Government a greater responsibility for checking its borders. However, that problem was being addressed and one of the recommendations was to put the machinery in place to track movement of persons using travel documents and ID cards.
Extradition Treaties:
Mr. LaRocque told the meeting that there would soon be an increase in the requests for Dominica to enter into bilateral extradition treaties which came under the framework of mutual legal assistance treaties but which contained an extradition clause. He explained that it meant basically that if someone committed a crime in the country concerned and that person came into Dominica, Dominica would be asked to extradite that person to the country where the crime was committed and vice versa. Mr. LaRocque observed that thus far, no requests of that kind had been made by Dominica but pointed out that the day might come when Dominica would be seeking a fugitive from justice. He was of the view that Dominica would need to comply with Treaty obligations when it was time for it to do so in order that the country in question would respond in a similar fashion to Dominica.
Mr. LaRocque submitted that in putting the pieces into place, people like those who sat in other Ministries of Foreign Affairs, the State Department and Justice Departments, could begin to paint an image of Dominica - laxed borders, Economic Citizenship Programme, not honouring its treaties. He added that while those may not have a direct bearing on the Police Department, eventually it would become a problem for that department to deal with. Mr. LaRocque advised on the need to address those issues and emphasized that the issues related to foreign affairs was not that only for the Ministry itself but rather it served as a conduit or messenger and negotiator.