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.

The constitution prohibits such practices, and there were no reports government officials employed them.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

The law prohibits such practices, and there were no reports that government officials employed them.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right for any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions.

There were several reports that government agents committed arbitrary or unlawful killings. Extrajudicial killings of civilians by officers of the National Police were a problem. According to the National Human Rights Commission (NHRC), a nongovernmental organization (NGO), more than 4,000 individuals died during confrontations with police or security forces between 2010 and April 2021. As of October police killed a total of 41 persons, according to the Attorney General’s Office, but the exact number of extrajudicial killings was unknown. Media and civil society acknowledged that many cases went unreported due to a lack of faith in the justice system to pursue charges.

In one of the most high-profile cases of the year, in March police killed Joel Diaz and Elizabeth Munoz under unclear circumstances when Diaz and Munoz were returning home after a church event. According to local media, the officers “confused” the couple’s vehicle for the vehicle of wanted criminals and shot at the couple’s vehicle while in pursuit. In April the Public Ministry (the ministry responsible for the formulation and implementation of the country’s policy against crime, for the conduct of criminal investigations, and for public prosecution) ordered that all seven police officers involved in the shooting be arrested and put in pretrial detention.

On October 2, an off-duty police officer shot and killed Leslie Rosado after Rosado allegedly hit the officer’s motorcycle and left the scene. The officer was assisted by a second officer, who helped him chase Rosado’s vehicle. The Santo Domingo Este Prosecutor’s Office requested the courts place the two police officers in pretrial detention and requested three months to complete the investigation. President Luis Abinader attended Rosado’s funeral service, called her killing “an intolerable act of savagery,” and promised to eradicate similar police abuse through police reform.

There were no reports of disappearances by or on behalf of government authorities.

Although the law prohibits torture, beating, and physical abuse, there were reports that security force members, primarily police, carried out such practices.

In April relatives of a young man in La Vega, the fourth largest city, reported to news outlets that the young man was beaten by police officers and left outside a convenience store. As of year’s end, authorities reported they had investigated the incident, but no further information on their conclusions or steps taken was available.

Impunity was a problem within certain units of the security forces, particularly the National Police. The government worked to address issues related to impunity through training programs for police officers, including specialized courses on human rights included as part of their continuing education courses. On April 6, President Abinader created a special commission on police reform, scheduled to be effective for one year. On October 17, the president replaced the director and deputy director of the National Police. The president announced other reform initiatives, including limits on the use of force, improved training and performance evaluation mechanisms, an increase in the salaries for officers, and funding to allow for the immediate purchase of body cameras and car cameras to ensure all actions by police are recorded.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her detention in court. The government generally observed this requirement, but arbitrary arrests and detentions were reported. The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a crime or in other special circumstances. The law permits detention without charges for up to 48 hours. In many instances authorities detained, fingerprinted, questioned, and then released detainees with little or no explanation for the detention.

The law provides for an independent judiciary. In a change from past years, independent observers noted the government generally respected judicial independence and impartiality. The president respected the independence of the Attorney General’s Office and instructed senior officials to do the same. In addition independent observers noted the judiciary began investigating high-level cases of corruption and drug trafficking, including cases involving government allies.

Civil society and attorneys complained of the backlog of cases and what they considered undue delay in processes. Civil society and attorneys complained early in the year of virtual management of courts and hearings, but this matter became less of a concern as tribunals resumed in-person services and hearings later in the year.

The law prohibits arbitrary entry into a private residence, except when police are in hot pursuit of a suspect, a suspect is caught in the act of committing a crime, or police suspect a life is in danger. The law provides that all other entries into a private residence require an arrest or search warrant issued by a judge. Despite these limits on government authority, police conducted illegal searches and seizures, including many raids without warrants on private residences in poor neighborhoods.

There were several reports that the government or its agents committed arbitrary or unlawful killings. In May police shot and killed robbery suspect Peter Headley while he was being transported by police in a civilian vehicle to a police station. According to police, Headley reached under the seat of the vehicle and pulled out what appeared to be a firearm, leading an armed police officer to shoot Headley, who died a short time later. The officers involved were placed under arrest. The Guyana Police Force’s Office of Professional Responsibility and Police Complaints Authority investigated the matter, and as of October the Department of Public Prosecutions was reviewing the results of the investigation. In September the Guyana Police Force SWAT team shot and killed Orin Boston during a search of his home. Boston was unarmed. As of November, the Guyana Police Force’s Office of Professional Responsibility was conducting an investigation into the incident.

There were no reports of disappearances by or on behalf of government authorities.

The law prohibits such practices. There were allegations that prison officials mistreated inmates.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Delays and inefficiencies undermined judicial due process. Shortages of trained court personnel, postponements at the request of the defense or prosecution, occasional allegations of bribery, poor tracking of cases, and police slowness in preparing cases for trial caused delays.

The law generally prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

There were numerous reports during the year that government security forces committed arbitrary and unlawful killings, and there were hundreds of complaints of abuse and wrongful harm. The Jamaica Constabulary Force was cited in most of the reports, in its roles both as an independent agency and as part of joint military-police activity. There were several reported incidents involving the Jamaica Defense Force. Overall, the total number of fatalities involving security forces, justifiable or otherwise, increased, with 123 reports as of December 9. Police fatally shot a taxi driver in September after he failed to obey an order to stop. A passenger was wounded in the same event, which drew significant community protests. In 2020 the government reported 115 fatal shooting incidents and 92 nonfatal shooting incidents involving security forces, an increase from the number of incidents reported in 2019.

Charges against members of the security forces took years to process, primarily due to investigatory backlogs, trial delays, and appellate measures. While the country continued to reduce the court case backlog, the COVID-19 global pandemic stymied progress in some courts. Numerous cases awaited prosecution.

There were no reports of disappearances by or on behalf of government authorities.

The constitution prohibits such practices, although there is no definition of torture in the law. There were allegations of cruel, inhuman, and degrading treatment or punishment of individuals in police custody and in correctional facilities. The Independent Commission of Investigations (INDECOM) investigated reports of alleged abuse committed by police and prison officials. Most reports to INDECOM described intimidation, excessive physical force in restraint, and restricted access to medical treatment. Representatives of nongovernmental organizations (NGOs) expressed concern regarding underreporting by victims, particularly among the vulnerable or persons with mental disabilities. Rapes were occasionally perpetrated by security forces.

INDECOM investigated actions by members of the security forces and other state agents that resulted in death, injury, or the abuse of civil rights.  As of December, INDECOM was investigating 1,002 complaints received during the year of the abuse of power by police, including wrongful deaths, assaults, and mistreatment.  INDECOM forwarded its recommendations to the Office of the Director of Public Prosecutions, which determined whether police should be charged.  INDECOM remained one of the few external and independent oversight commissions that monitored security forces.  INDECOM reported a backlog in cases due to significant delays in obtaining DNA, ballistics, and chemistry reports from other government agencies.

Cases against security forces were infrequently recommended for criminal trial and often saw substantial procedural delays. Many cases did not go to trial due to continued delays in court and plea hearings.

There were reports of unlawful arrests for which officers were not punished or disciplined. The government had procedures for investigating complaints of unlawful behavior by security forces, including investigations by INDECOM and the Jamaica Constabulary Force’s Inspectorate and Professional Standards Oversight Bureau, but the government did not always use these procedures. Citizens enjoyed effective legal representation in criminal proceedings and successfully challenged unlawful arrests and detentions within the court system. Civil society organizations such as Jamaicans for Justice conducted training for police recruits in human rights protections.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention but allows arrest if there is “reasonable suspicion of [a person] having committed or … about to commit a criminal offense.” The law provides for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements. Abuses arose, however, because police regularly ignored the “reasonable suspicion” requirement, arraignment procedures were very slow, and some communities operated as zones of special operations (ZOSOs) for most of the year.

The country suffered from high levels of homicide, crime, and violence. The declaration of a state of emergency (SOE) grants the police and military the ability to search, seize, and arrest citizens without a warrant, although no SOEs were declared during the year. The prime minister may declare an SOE for 14 days or fewer; extensions require parliamentary approval. Additionally, the government may identify ZOSOs, which confer to security forces some additional detention authorities, such as are found in SOEs. During the year the prime minister declared or extended five ZOSOs, which the government viewed as necessary to reduce crime and violence. High detention rates were a concern, and arbitrary and lengthy detentions took place in ZOSOs. Very few of these detentions resulted in charges.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. A backlog of criminal cases in most courts, however, led to the denial of a fair public trial for thousands of citizens. Criminal proceedings sometimes extended for years. Cases were delayed primarily due to incomplete files and parties, witnesses, attorneys, or investigating officers failing to appear.

The criminal courts decreased the court case backlog, especially at the parish court level. The case clearance rate for the second quarter of the year was that for every 100 cases that entered the courts, 111 were cleared.

Due to the COVID-19 global pandemic, the courts were unable to hold jury trials, contributing to the low murder conviction rate of 8.3 percent in the first quarter of the year. During the year courts continued their efforts to address the court case backlog by using virtual hearings, a new electronic case management system, and promoting alternative dispute resolution methods.

Although the constitution prohibits arbitrary or unlawful interference, the law gives broad powers of search and seizure to security personnel. The law allows warrantless searches of a person, vehicle, ship, or boat if a police officer has a reasonable suspicion of criminal activity. On occasion police were accused of conducting searches without warrants or reasonable suspicion.

In the areas with ZOSOs and SOEs, government security forces took biometrics from temporarily detained persons. The Office of the Public Defender and civil society organizations challenged this practice, arguing that retaining the information and failing to delete it after police released the detained person effectively criminalized persons who subsequently were not charged. Security forces detained wide swaths of the population in ZOSOs and SOEs under broad arrest authorities.

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.

The constitution prohibits such practices, but prisoners and suspects continued to complain of physical abuse by police and prison officers.

Impunity was not a significant problem in the security forces. The government launched independent inquiries into allegations of abuse. The limited transparency into official investigations sometimes created a perception among civil society and government officials of impunity for the accused officers.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements. In April press reported that a local campaign manager for one candidate of the country’s then opposition party was detained on suspicion of organizing an illegal protest that violated national COVID-19 protocols. She was subsequently released without charge.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

There were no reports that the government or its agents committed arbitrary or unlawful killings.

On July 22, the Constitutional Court ruled that the 2012 amendment to the Amnesty Law violated the constitution and international conventions to which the country is party. Based on this ruling, the National Assembly voted on August 28 to revoke the 2012 amendment and restore the original text of the 1989 Amnesty Law. The decision and change in law effectively ended the ability of former military dictator and former democratically elected president Desire Bouterse and other convicted individuals to receive amnesty for the December 1982 murders. Subsequently, on August 30, a court-martial reaffirmed and upheld the 2019 conviction and 20-year sentence against Bouterse for the December 1982 extrajudicial killing of 15 political opponents.

In October a court convicted 14 of the 18 prison officials on trial for excessive use of force resulting in the death of prisoner Giovanni Griffith in 2019 in the Hazard Penitentiary Facility in Nickerie. All 14 convicted officials received suspended sentences of two years in prison and two years of probation. Three of the defendants in the case were acquitted due to lack of evidence, and the case against one was terminated because the defendant died during the trial.

There were no reports of disappearances by or on behalf of government authorities.

While the law prohibits such practices, human rights groups, defense attorneys, and media reported mistreatment by police, including unnecessary use of force during arrests and beatings of persons in detention. In May a lawyer told the press that her client was knocked to the ground and then kicked in the mouth by police officers while detained at the Keizerstraat detention facility.

Impunity was not a widespread problem within the police force. The Personnel Investigation Department investigated allegations reported by citizens against police and took appropriate disciplinary action. The Internal Affairs Unit conducted its own investigations involving various forms of misconduct. Penalties varied from reprimands to the dismissal of officers as well as prison sentences.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

The constitution provides for an independent judiciary.

There were 29 judges in the country, well short of the estimated 40 needed for proper functioning of the judicial system, and there was a significant backlog of cases. Cases both in criminal and civil courts were postponed repeatedly for various reasons, adding significantly to the backlog. Multiple closures of the courts due to COVID-19 infections led to additional delays in both criminal and civil procedures, extending the case backlog even further. In the civil courts, the backlog was estimated to be between five and six years.

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

The April 2020 case of the alleged attempted kidnapping of a former candidate for the National Assembly, Rodney Cairo, remained under judicial investigation. Security personnel allegedly acting on the orders of the then director of national security, Lieutenant Colonel Danielle Veira, raided Cairo’s home after Cairo criticized the then minister of defense on his Facebook page. Veira was subsequently relieved of her duties. In January Veira was officially identified as a suspect in the Cairo case, in which the pending charges were hostage taking, complicity to hostage taking, incitement to hostage taking, armed robbery, and complicity to armed robbery.

There were credible reports that police committed arbitrary or unlawful killings.

On January 31, members of the police’s Special Operations Response Team (SORT), a specialized subunit of the Trinidad and Tobago Police Service comprising police and members of the Trinidad and Tobago Defense Force, arrested four suspects in connection with the kidnapping and killing of Andrea Bharatt.

One suspect, Andrew Morris, was allegedly beaten by the SORT team in front of family members before being taken to SORT headquarters and later to a SORT training facility in Wallerfield for interrogation. Morris died on February 1 at Arima Hospital. Police did not report the death until February 3. Police stated that Morris suffered from comorbidities, sustained injuries while resisting arrest, and died of injuries resulting from falling from a chair while in the hospital. Two autopsies both reported Morris suffered bleeding from internal organs, had multiple skull fractures, and died from blunt force trauma.

Police reported a second suspect, Joel Balcon, was also arrested within hours of Morris by SORT and taken to the same facility for interrogation. Police alleged Balcon sustained injuries while attempting to escape police custody. He was paralyzed, lapsed into a coma, and died eight days later in the hospital. An autopsy report stated Balcon suffered multiple skull fractures and died due to multiple blunt force traumas to the body.

In February the Police Complaints Authority (PCA) and the Professional Standards Bureau launched investigations into the deaths of Balcon and Morris. In October the PCA completed its investigation and concluded that Balcon and Morris were subjected to torture and acts of violence that led to their deaths. The case was referred to Director of Public Prosecutions Roger Gaspard, who at the end of the year was reviewing PCA findings and had not determined whether to file charges.

There were no reports of disappearances by or on behalf of government authorities.

Although the law prohibits such practices, there were reports that police officers and prison guards sometimes used excessive force.

On April 20, SORT commander Mark Hernandez was charged with misconduct in public office for his role in the beating of a third suspect in Andrea Bharatt’s killing (see section 1.a.).

In August, seven prisoners at the Wayne Jackson Building, a maximum-security prison also known as Building 13, filed a lawsuit against the government claiming they had been dragged from their cells and beaten by masked police, soldiers, and prison officers. The prisons commissioner stated the incident was precipitated by rebellious prisoners who refused to comply during a search and who had been waging a series of provocations with guards to attempt to dissuade crackdowns on contraband. Injured prisoners were treated at the prison’s infirmary, and one was transferred to a hospital for treatment.

In a separate incident in November, prisoners at Building 13 alleged that prison officers beat, threatened, and abused prisoners in response to two killings within three days of off-duty prison officers who worked at Building 13. Although the deaths took place outside the prison, prison officials alleged that inmates coordinated the killings through external gang contacts and threatened to kill 13 more prison officers before Christmas.

Despite government steps to punish security force members and other officials charged with unlawful killings or other abuses, open-ended investigations and the generally slow pace of criminal judicial proceedings created a climate of impunity.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, and the courts addressed one reported case.

On May 5, a man was awarded 980,000 Trinidadian dollars ($144,000) in compensation because he was forced to serve his entire sentence for drug trafficking and was prevented by prison officers while incarcerated from filing a legal challenge to his conviction. He eventually appealed and successfully overturned his conviction, but not until after serving his full term. The judge denounced the misconduct of prison officials and cited it as the reason for awarding damages for breaches of constitutional rights, deprivation of liberty, and vindicatory damages.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.