Antigua and Barbuda
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were no reports the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.
Prison and Detention Center Conditions
Prison and detention center conditions were harsh due to inadequate sanitary conditions and overcrowding.
Physical Conditions: The country’s sole prison was built in 1735 to hold 150 prisoners but as of August held 269. According to a nongovernmental organization (NGO) representative, overcrowding created serious COVID-19 infection risks for the prisoners and staff. The government did not provide information regarding numbers of COVID-19 infections in the prison.
One mistreatment report was submitted stating that prison guards beat a former police officer convicted of bribery. An investigation was underway at year’s end.
Administration: The Superintendent of Prisons reviewed mistreatment reports and forwarded them to a Prison Visiting Committee for further investigation.
Independent Monitoring: The government permitted prison visits by independent human rights observers, but no visits occurred during the year.
Improvements: The government reported that the kitchen and chapel were demolished and a temporary kitchen was installed.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her arrest or detention in court. The government generally observed these requirements.
Arrest Procedures and Treatment of Detainees
The law permits police to arrest a person without a warrant, based on a suspicion of criminal activity. Police must bring detainees before a court within 48 hours of arrest or detention, or file a motion requesting an extension. The law stipulates prisoners must be released if these time limits are not met. There is a functioning bail system, but a person charged with murder cannot obtain bail. The government pays for the cost of a lawyer if a defendant is unable to afford one.
Pretrial Detention: Some prisoners on remand remained in detention for up to four years before their cases came to trial, according to the director of the Office of Public Prosecutions in 2019. The government stated there was no case backlog, but anecdotal media reports indicated the backlog remained a serious problem.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The constitution provides for the right to a fair and public trial by jury, and an independent judiciary generally enforced this right.
Defendants have the right to a presumption of innocence. Defendants have the right to be informed promptly of the charges, the right to a timely trial, and to be present at their trial. Defendants have the right to timely access to an attorney of their choice. The government provides legal assistance at public expense to persons without the means to retain a private attorney, but only in capital cases. Defendants have adequate time and facilities to prepare a defense, and free assistance of an interpreter if needed. They have the right to confront prosecution or plaintiff witnesses and to present their own witnesses and evidence. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
Individuals and organizations may seek civil remedies through domestic courts for human rights violations. They may apply to the High Court for redress of alleged violations of their constitutional rights. They may appeal adverse domestic decisions to the Eastern Caribbean Supreme Court.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press, on a somewhat limited basis.
Freedom of Press and Media, Including Online Media: There were no privately owned print media. There were claims that the government was hostile to independent broadcast media outlets and did not provide them equal access to government officials. Observers claimed that the government and the prime minister in particular owned media outlets that were used exclusively to disseminate government information. Prime Minister Browne claimed that although he was the founder of Pointe FM radio, he was no longer a shareholder; however, he did not reveal the ownership. Senior government officials routinely refused to grant interviews to media outlets that were critical of the ruling party and instead used government media exclusively.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
c. Freedom of Religion
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
e. Status and Treatment of Internally Displaced Persons
f. Protection of Refugees
The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations in assisting refugees and asylum seekers.
Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles asylum requests on an ad hoc basis.
g. Stateless Persons
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: In the 2018 elections the Antigua and Barbuda Labour Party won 15 of 17 seats in the House of Representatives, and Gaston Browne was subsequently named prime minister. The Caribbean Community Observation Mission and a Commonwealth Observer Group monitored the election. In their initial report, monitors noted the electoral boundaries had seen only minor adjustments since 1984, leading to large disparities in voter populations in different electoral districts. The monitors stated that despite problems with the electoral process, the results “reflected the will of the people.” As of November 2019, the final election report had not been released.
Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.