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Barbados

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

The law authorizes police to arrest persons suspected of criminal activity; a warrant issued by a judge or justice of the peace based on evidence is typically required. Authorities may hold detainees without charge for up to five days, but once persons are charged, police must bring them before a court within 24 hours, or the next working day if the arrest occurred during the weekend. There was a functioning bail system. Criminal detainees receive prompt access to counsel and are advised of that right immediately after arrest. The law prohibits bail for those charged with murder, treason, or any gun-related offense that is punishable by imprisonment of 10 years or more.

Official procedures require police to question suspects and other persons only at a police station, except when expressly permitted by a senior divisional officer to do so elsewhere. An officer must visit detainees at least once every three hours to check on their condition. After a suspect has spent 48 hours in detention, the detaining authority must submit a written report to notify the deputy police commissioner and the police commissioner that the suspect is still in custody.

Pretrial Detention: Legal authorities expressed concern regarding lengthy stays in pretrial detention. Civil society representatives and media reports indicated that delays of five to seven years before cases went to trial were common, and in extreme cases detainees could wait up to 10 years before trial. On October 12, the chief justice stated that holding persons in extended pretrial detention without any indication of a trial date was inconsistent with the constitution. He announced that the superintendent of prisons would be required to submit a quarterly report of all persons being held in pretrial detention. The chief justice also said that he would prioritize cases involving murder, firearms, and sexual assault.

The Court of Appeal launched a new, automated, court case management system in September to replace the existing paper-based system, with the goal of improving the judiciary’s operating efficiency and reducing case backlog.

Costa Rica

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

The law requires issuance of judicial warrants before police may make an arrest, except where probable cause is evident to the arresting officer. The law entitles a detainee to a judicial determination of the legality of detention during arraignment before a judge within 24 hours of arrest. The law provides for the right to post bail and prompt access to an attorney and family members. Authorities generally observed these rights. Indigent persons have access to a public attorney at government expense. Those without sufficient personal funds are also able to use the services of a public defender. With judicial authorization, authorities may hold a suspect incommunicado for 48 hours after arrest or, under special circumstances, for up to 10 days. Special circumstances include cases in which pretrial detention previously was ordered and there is reason to believe a suspect may reach an agreement with accomplices or may obstruct the investigation. Suspects were allowed access to attorneys immediately before submitting statements before a judge. Authorities promptly informed suspects of any offenses under investigation. Habeas corpus provides legal protection for citizens against threats from police; it also requires judges to give a clear explanation of the legal basis for detention of and evidence against a suspect.

Pretrial Detention: Lengthy pretrial detention was a problem. According to the Ministry of Justice, as of July persons in pretrial detention constituted approximately 13 percent of the prison population, compared with 20 percent in 2020. The average length of pretrial detention was 90 to 180 days. In some cases delays were due to pending criminal investigations and lengthy legal procedures. In other cases the delays were a result of court backlogs. The length of pretrial detention generally did not equal or exceed the maximum sentence for the alleged crime. The law establishes that preventive detention should be proportional to the sentence for the alleged crime, and authorities generally complied with that mandate.

Dominican Republic

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. Nonetheless, there were reports of detainees who remained in police stations for long periods of time, even weeks, before being transferred to a prison. Police stations did not have adequate physical conditions or the resources, including food, to provide for detainees for an extended period.

The law permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as cases involving hot pursuit or escaped prisoners. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest.

The law requires provision of counsel to indigent defendants. The NOPD provided free legal aid to those who could not afford counsel, but due to inadequate staffing, many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, since the law prohibits interrogation of juveniles by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high-crime communities during which they arrested and detained individuals without warrants. During these operations police detained large numbers of residents and seized personal property allegedly used in criminal activity. Civil society groups claimed police were often unable to show proof or provide reasons for the detentions.

The International Organization for Migration (IOM) reported cases of Haitian migrants and their children, as well as Dominicans of Haitian descent, being detained and deported because authorities did not permit them to retrieve immigration or citizenship documents from their residences. There were also reports of deportations of unaccompanied children and of women who left children behind. The IOM reported that due to training they provided to migration officials, the number of erroneous deportations of documented and vulnerable persons had fallen by almost 60 percent over the past four years. IOM data for January to July showed a continued reduction in erroneous deportations, but IOM officials warned that erroneous deportations had increased since July, following Haitian president Moise’s assassination and the Dominican Republic’s increased border security measures and deportations.

Civil society organization representatives said the government informally deported individuals by taking them across the border without documentation. The IOM reported that the General Directorate of Migration referred to these cases as “devolutions” or “not admitted” and that there was no due process in these operations. The IOM worked with the government to establish a system for nonadmitted persons.

Pretrial Detention: Many suspects endured long pretrial detention. A judge may order detention lasting between three and 18 months. According to the Directorate of Prisons, as of October, 59 percent of inmates in old-model prisons were in pretrial custody, compared with 62 percent of prisoners in CRCs. The average pretrial detention time was three months, but there were reports of pretrial detentions lasting more than three years, including cases involving foreign citizens. Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court. In other cases, lawyers, codefendants, interpreters, or witnesses did not appear or were not officially called by the court to appear. Despite protections in the law for defendants, in some cases authorities held inmates beyond the legally mandated deadlines, even when there were no formal charges against the inmates.

Guyana

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

An arrest requires a warrant issued by a court official unless an officer who witnesses a crime believes there is good cause to suspect a crime or a breach of the peace has been or will be committed. The law stipulates that a person arrested cannot be held for more than 72 hours unless brought before a court to be charged. Authorities generally observed this requirement. Bail was generally available except in cases of capital offenses and narcotics trafficking.

Although the law provides criminal detainees prompt access to a lawyer of their choice and to family members, authorities occasionally did not fully respect this right.

The state provides legal counsel for indigent persons only when such persons are charged with a capital offense. The Legal Aid Clinic, a nongovernmental organization (NGO), provides legal counsel at a reduced fee in certain circumstances, as determined by the clinic. Police routinely required permission from the senior investigating officer, who was seldom on the premises, before permitting counsel access to a client.

Arbitrary Arrest: There were reports of arbitrary arrest and unlawful detention. In June the Police Complaints Authority issued its report covering 2019, which found most police officers interviewed were ignorant of constitutional provisions regarding arrests and searches and that a substantial number of members of the police force under investigation openly violated the constitution in the performance of their duties.

Pretrial Detention: Lengthy pretrial detention remained a problem, due primarily to judicial inefficiency, staff shortages, and cumbersome legal procedures. The average length of pretrial detention was three years for those awaiting trial at a magistrates’ court or in the High Court. This often exceeded the maximum possible sentence for the crime for which they were charged.

Jamaica

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

Police may arrest without a warrant when a felony, treason, or breach of the peace is committed or attempted in the officer’s presence. Following an arrest, the officer is required to inform the suspect of the offense(s) for which the individual was arrested.

An officer may execute a warrant that is lawfully issued by a judge or justice of the peace without being in possession of the warrant. The officer must produce the warrant as soon as practical after the arrest if the suspect requests it. The decision to charge or release must be made within 48 hours, although a judge or justice of the peace may extend the period of custody.

Security forces did not always follow these official procedures. According to government officials and civil society, public perception was that police could make arrests regardless of judicial authorization.

There were reports of arrests and prolonged periods of detention in which police did not inform the suspect of the official charges. There were multiple reports that detainees did not have access to legal counsel and that apprehended suspects could not notify family members. Every person charged with an offense is entitled to consideration for bail, although those charged with murder, treason, or other crimes punishable by imprisonment may be denied bail on “substantial grounds” that they would fail to surrender to authorities or would commit another offense while on bail. The procedure lent itself to low-level corruption in which police would accept bribes to forgo an arrest.

Arbitrary Arrest: Most cases of arbitrary detention were in the parishes (counties) of St. James and St. Catherine. The government declared ZOSOs and deployed the military to these areas to support police. Under these orders, security forces carried out wide-ranging campaigns of detention and incarceration in attempts to contain violence. There were few official investigations or prosecutions of security force members involved in arbitrary arrests.

Pretrial Detention: Lockups are intended for short-term detentions of 48 hours or less, but often the government held suspects in these facilities without charge or awaiting trial for much longer periods. A lack of administrative follow-through after an arrest created situations where persons were incarcerated without any accompanying paperwork. In some cases – days, weeks, months, or years later – authorities could not ascertain the reason for the arrest.

Saint Lucia

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

The constitution stipulates authorities must apprehend persons openly with warrants issued by a judicial authority. The law requires a court hearing within 72 hours of detention. Authorities allowed detainees prompt access to counsel and family. There was a functioning bail system.

Pretrial Detention: Prolonged pretrial detention was a significant problem. As of October those awaiting trial represented more than 70 percent of the inmate population. Individuals charged with serious crimes often spent between six months and six years in pretrial detention. The oldest case awaiting trial dated to 2006 and was set to be heard in January 2022.

Suriname

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

Police apprehended individuals openly with warrants based on sufficient evidence and brought them before an independent judiciary. The law provides that detainees should be brought before a judge within seven days to determine the legality of their arrest, and courts generally met the seven-day deadline. An assistant district attorney or a police inspector may authorize incommunicado detention. If additional time is needed to investigate a charge, a judge may extend the detention period in 30-day increments up to a total of 150 days. There is no bail system. Release pending trial depends on the type of crime committed and the judge handling the case. Detainees receive prompt access to counsel of their choosing, but the prosecutor may prohibit access if the prosecutor believes access could harm the investigation. Legal counsel is provided at no charge for indigent detainees. Detainees are allowed weekly visits from family members.

Pretrial Detention: Both the criminal and civil courts experienced multiple delays due to COVID-19, prolonging the pretrial detention of those awaiting trial in criminal court. In keeping with COVID-19 precautionary measures, the Court of Justice put in place an alternative system that allowed judges to question detainees via telephone, with their lawyers present, to meet required deadlines. In multiple cases defense attorneys successfully pleaded for their clients to be released pending trial, citing the threat of COVID-19 infection.

Trinidad and Tobago

Section 1. Respect for the Integrity of the Person

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.

Arrest Procedures and Treatment of Detainees

Police may arrest a person based on a warrant issued or authorized by a magistrate, or without a warrant if an officer witnesses the commission of an offense. Detainees must be charged and appear in court within 48 hours, and the government respected this standard. There was a functioning bail system, and bail was ordinarily available for those accused of most crimes. Persons accused of murder, treason, piracy, kidnapping for ransom, or hijacking, as well as persons convicted twice of violent crimes, are ordinarily ineligible for bail for 120 days. Authorities granted detainees immediate access to a lawyer.

The minister of national security may authorize preventive detention to protect public safety, public order, or national defense. The minister must state the grounds for the detention.

In September 2020 the government amended the law to allow courts to use electronic monitoring devices as a condition of bail, probation, or community service. In March a landmark court order was made for the first use of the new electronic monitoring system. All parties to the proceedings appeared virtually, and the applicant was granted bail, conditional on being fitted with an electronic monitoring device.

Pretrial Detention: Lengthy pretrial detention was a problem. Pretrial detainees constituted more than two-thirds of the prison population. Most detainees’ trials began seven to 10 years after their arrest, although some spent even longer in pretrial detention. The length of pretrial detention frequently equaled or exceeded the maximum sentence for the alleged crime. Officials cited several reasons for the backlog, including the burden of the preliminary inquiry process. The law requires anyone charged and detained to appear in person for a hearing before a magistrate every 10 days, even if only to have the case postponed for an additional 10 days. This increased the caseload and created further inefficiency.

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