Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in country and certifies all legislation on her behalf. The ruling Antigua and Barbuda Labor Party won re-election in March parliamentary elections. In their initial report, election monitors stated there were problems with the electoral process but results “reflected the will of the people.” As of November the final report had not been released.

Civilian authorities maintained effective control over the security forces.

Human rights issues included harsh and life threatening prison conditions, corruption, criminal libel, and laws against consensual adult same-sex sexual activity (although these were not enforced).

The government took steps to prosecute and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

b. Disappearance

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

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

Prison and Detention Center Conditions

Prison and detention center conditions were harsh due to inadequate sanitary conditions and overcrowding.

Physical Conditions: Her Majesty’s Prison, the country’s only prison, was grossly overcrowded, and some inmates were forced to sleep on cardboard on the floor. Authorities separated remanded prisoners from convicted prisoners when space was available. Remanded inmates faced the harshest conditions, since their cells were the most overcrowded. Juvenile inmates were held in a separate detention center.

Poor ventilation caused cell temperatures to remain very high, and hygiene was inadequate. The prison had inadequate toilet facilities, with slop pails used in all cells except for those of the female prisoners. The men’s section had no showers; inmates used buckets to wash themselves. The women’s section of the prison had two showers; prison staff provided some feminine hygiene products to women, although most female inmates’ families provided for this need. Conditions in the kitchen were unsanitary, aggravated by the presence of insects, rodents, and stray cats (to catch rodents). The yard area also had stray cats and rodents.

Inmates with mental disabilities were held in the prison in large part because the country’s psychiatric facility was also overcrowded. The prison superintendent reported inmates had access to a mental health professional. The superintendent reported bribery and corruption were common in the prison, with guards allegedly taking bribes and smuggling contraband such as liquor, cell phones, and marijuana to prisoners.

The prison had a work release program for men, but female inmates did not have a comparable program.

Conditions at the police holding facility in Saint John’s Station were also deficient with up to 30 prisoners in one holding cell. Media reported food boxes and plastic bags were used as toilets by detainees because toilets were clogged and dark water covered washroom floors with what appeared to be waste matter floating in it. Like Her Majesty’s Prison, the building was very old and in a state of disrepair.

Administration: Authorities handled credible allegations of mistreatment in several ways, including by a prison welfare officer, a complaints committee, and a prisoner appointed to lodge complaints on behalf of other inmates.

Independent Monitoring: The government permitted prison visits by independent human rights observers, although no such visits occurred during the year.

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, and the government generally observed these requirements. Some prisoners on remand, however, remained in detention for up to four years before their cases came to trial, according to the director of the Office of Public Prosecutions.

ROLE OF THE POLICE AND SECURITY APPARATUS

Security forces consist of a police force; a prison guard service; immigration, airport, and port security personnel; the Antigua and Barbuda Defense Force; and the Office of National Drug Control and Money Laundering Policy. Police fall under the responsibility of the attorney general, who is also the minister of justice, legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration.

Civilian authorities maintained effective control over the security forces, and the government has effective mechanisms to investigate and punish abuse. The prime minister can call for an independent investigation into an incident as needed. The Professional Standards Department, which investigates complaints against police, is headed by the deputy police commissioner and decides whether an investigation is conducted. Senior authorities held police accountable for their actions. One case under investigation resulted in the suspension of a senior officer. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law permits police to arrest a person based on the suspicion of criminal activity without a warrant. Nongovernmental organizations (NGOs) and victims reported police abused this provision. Police must bring detainees before a court within 48 hours of arrest or detention or file a motion requesting an extension. If time limits are not met, the law stipulates prisoners must be released. NGOs reported victims were sometimes held for as long as 96 hours before being presented to a court. Authorities allowed criminal detainees prompt access to counsel and family members. The system requires those accused of more serious crimes to appeal to the High Court for bail.

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

TRIAL PROCEDURES

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, timely access to counsel, and free assistance of an interpreter. They may be present at their trial, confront adverse witnesses, present their own witnesses and evidence, and appeal. Defendants may not be compelled to testify or confess guilt. The government provides legal assistance at public expense to persons without the means to retain a private attorney, but only in capital cases.

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 for human rights violations through domestic courts. They may apply to the High Court for redress of alleged violations of their constitutional rights. They may appeal adverse domestic decisions to regional human rights bodies.

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

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