c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits torture and cruel, inhuman, or degrading treatment or punishment. At times citizens and visitors alleged instances of cruel or degrading treatment of criminal suspects or of migrants by police or immigration officials. In June a man alleged The Bahamas Department of Corrections (BDOC) officers beat him and denied him medical treatment. BDOC officials charged a prison officer with “using unnecessary force.” He was awaiting the decision of a disciplinary tribunal.
Foreign male prisoners frequently reported threats and targeting by prison guards at the BDOC. For example, in September a prisoner reported that BDOC officials touched him in a sexually inappropriate manner on the shoulders and chest. The government moved the individual to a different wing of the prison while awaiting the results of an internal investigation.
Prison and Detention Center Conditions
Conditions at Fox Hill, the government’s only prison, failed to meet international standards in some areas and were harsh due to overcrowding, poor nutrition, and inadequate sanitation and ventilation.
Physical Conditions: Overcrowding, poor sanitation, and inadequate access to medical care and drinking water remained problems in the men’s maximum-security block. In September the Ministry of National Security reported the prison held 1,778 inmates in spaces designed to accommodate 1,000. Pretrial detainee juveniles were held with adults at the Fox Hill remand center. Prison conditions varied for men and women.
The government stated inmates consistently received three meals a day, but some inmates and nongovernmental organizations (NGOs) reported inmates received only two meals per day, with a meal sometimes consisting only of bread and tea. Fresh fruit and vegetables were rare to nonexistent. Prisoners also reported infrequent access to drinking water and inability to save potable water due to lack of storage containers for the prisoners. Many cells also lacked running water, and in those cells, inmates removed human waste by bucket. Sanitation was a general problem, with cells infested with rats, maggots, and insects. Ventilation was also a general problem. Prisoners in maximum security had access to sanitary facilities only one hour a day and used slop buckets as toilets.
Prison inmates complained about the lack of beds and bedding. As a result, inmates developed bedsores from lying on the bare ground. The availability of prescribed pharmaceuticals and access to physician care were sporadic.
There was inadequate access to the men’s second floor medical center for sick inmates or inmates with disabilities. Inmates reportedly used a wheelbarrow to transport inmates unable to walk to the clinic.
Administration: An independent authority does not exist to investigate credible allegations of inhuman conditions. Migrant detainees did not have access to an ombudsman or other means of submitting uncensored complaints, except through their nation’s embassy or consulate.
Independent Monitoring: The Office of the UN High Commissioner for Refugees (UNHCR) reported it was regularly able to visit the primary detention centers and the “safe-house” for women and children to speak with detainees held there, including asylum seekers and refugees. UNHCR had not conducted a formal monitoring visit at either facility since 2016; UNHCR primarily visited to identify potential persons of concern. Human rights organizations complained the government did not consistently grant requests by independent human rights observers for access to the BDOC facility, the Carmichael Road Detention Center, and the two juvenile centers. The government maintained additional bureaucratic requirements for some civil society organizations to gain access to the detention center, making it difficult to visit detainees on a regular basis.
Improvements: The Carmichael Road Detention Center installed new integrated computer modules to enhance detainee management as part of the government’s 30 million dollar modernization of the Department of Immigration. It also acquired additional industrial washers during the year for cleaning prisoner bedding and clothing.