Saint Vincent and the Grenadines: Police corruption and misconduct, including involvement of police officers in drug-related criminal activity; procedures for filing complaints against police officers for corruption, inaction or misconduct (2007 - October 2010)

Police corruption and involvement in drug-related activity

Information about police corruption and police involvement in drug-related activity was scarce among the sources consulted by the Research Directorate. A representative of the Royal Saint Vincent and the Grenadines Police Force, in a 20 October 2010 telephone interview with the Research Directorate, stated that "corruption is not a big problem" and that "there is no evidence of police involvement in drug-related activities" (Saint Vincent and the Grenadines 20 Oct. 2010). The President of the non-governmental organization (NGO) Saint Vincent and the Grenadines Human Rights Association (SVGHRA) also noted, in 25 October 2010 correspondence with the Research Directorate, that there have not been any high-profile court cases involving police corruption or police involvement in drug-related criminal activity. However, the SVGHRA President expressed the opinion that, given the organized drug subculture in Saint Vincent and the Grenadines, "it would be extremely unwise and naïve to assume that there was no assistance being given to drug-related offenders from some corrupt members of the local police constabulary" (SVGHRA 25 Oct. 2010). Without providing details, Freedom House, reporting on the country's political rights and civil liberties in 2009, indicates that there have been "allegations of drug-related corruption" within the Saint Vincent and the Grenadines police force and government (2010).

Transparency International's (TI) 2009 Corruption Perceptions Index, which surveys perceptions of public-sector corruption in countries, gives Saint Vincent and the Grenadines a 6.4 index score (TI 2009a) on a scale of 10 (least corrupt) to 0 (highly corrupt) (TI 2009b). This score ranks Saint Vincent and the Grenadines as 31st of 180 countries (in order from least corrupt to most corrupt); only two other Caribbean countries, Barbados and Saint Lucia, were ranked as less corrupt (TI 2009a).

Use of force by police

Several sources report that there have been complaints of police abuse in Saint Vincent and the Grenadines (The Vincentian 16 Sept. 2010; JFJ 2007, 9; SVGHRA 25 Oct. 2010). The United Nations (UN) Human Rights Committee (HRC) expressed concern about complaints of "unwarranted" police practices such as the use of excessive force and a high percentage of convictions based on confessions (UN 24 Apr. 2008, para. 10). The SVGHRA, as reported by the United States (US) Department of State's Country Reports on Human Rights Practices for 2009, similarly claims that the police have used unnecessary physical force to extract confessions from suspects in custody (US 11 Mar. 2010, Sec. 1c). In a 2007 report about police accountability in the Caribbean, the NGO Jamaicans for Justice (JFJ) also indicates that citizens have complained about police abuse in Saint Vincent and the Grenadines; their complaints include the "use of physical force during detention, illegal search and seizure, and failure to inform those arrested of their rights" (2007, 9).

More recently, the President of SVGHRA stated that there has been a "steady increase" in reports of police brutality and misconduct, including threats, verbal harassment, and "physical abuse, often bordering on torture" (25 Oct. 2010). The SVGHRA President maintains that some police officers abuse their power to detain a suspect for 24 hours for questioning by doing so without cause (SVGHRA 25 Oct. 2010). She stated that she is aware of "countless reports" of police brutality by members of the public and prisoners (ibid.).

According to Saint Vincent and the Grenadine's national newspaper The Vincentian, the Commissioner of Police acknowledged that the police force has "shortcomings," including unprofessionalism, complacency, poor behaviour by some officers, and "poor or tardy response to complaints from the public" (16 Sept. 2010). The Vincentian editorial also added to the Commissioner's list of shortcomings, faulting the police for treating young offenders and innocent civilians harshly, using "unnecessary force," and concealing the misconduct of some officers (16 Sept. 2010).

Specific allegations of use of force

Sources report that three police officers were charged with causing bodily harm to a teenager (SVGHRA 25 Oct. 2010; US 11 Mar. 2010, Sec. 1c; CMC 4 Feb. 2010). The victim reportedly testified that in November 2008, while in custody for questioning about a burglary, police officers beat and kicked him several times in the stomach and chest (ibid.). The Caribbean Media Corporation (CMC) reports that the officers were ordered by the magistrate to pay fines of 1,500 East Caribbean (EC) dollars (US $560) or face six-month prison sentences (ibid.). Country Reports 2009 indicates that the officers were suspended from duty when they were charged (US 11 Mar. 2010, Sec. 1c).

The SVGHRA President provided two examples of specific cases of police misconduct (SVGHRA 25 Oct. 2010). In one case, a police officer was charged with having sexual intercourse with a girl between the ages of 13 and 16; in the other case, a police officer was charged with murdering his former girlfriend and her lover, and then attempting to conceal the murder (ibid.). According to the SVGHRA President, other examples of police misconduct range from traffic violations, to failing to properly investigate citizen complaints, to intimidating people by threatening them with arrest (ibid.).

Two sources also reported on two other incidents involving police use of force (US 11 Mar. 2010, Sec. 1c; The Vincentian 26 Aug. 2010). In May 2009, security officers shot and killed three suspects during a narcotics raid (US 11 Mar. 2010, Sec. 1c). Although the police claim that the actions were taken in self-defence, Country Reports 2009 notes that the SVGHRA and a civil society advocate maintain that the suspects were unarmed and that the officers used excessive force (ibid.). More locally, The Vincentian reports that in August 2010, a police officer was charged with the murder of another police officer, who was allegedly shot in the chest in the cafeteria of the Biabou police station (26 Aug. 2010).

Procedures for filing complaints against police officers

In a 14 October 2010 telephone interview with the Research Directorate, the Representative of the Royal Saint Vincent and the Grenadines Police Force stated that citizens can file complaints against police for corruption, misconduct or inaction, either with the "public complaint department of the police" or with a government oversight committee that is administered separately from the police. The Ministry of National Security, Air and Sea Port Development website in fact indicates that one of the functions of the Public Relations and Complaints Department is to monitor police conduct and start "disciplinary proceedings" if allegations are substantiated (Saint Vincent and the Grenadines n.d.).

The police Representative noted that the "police complaints department" investigates approximately 10 complaints of police abuse or misconduct annually (ibid. 20 Oct. 2010). Police officers who investigate complaints against other officers submit their findings directly to the police commissioner (Saint Vincent and the Grenadines 14 Oct. 2010; JFJ 2007, 9; US 11 Mar. 2010, Sec. 1c). According to the police Representative, the police commissioner either acts on the findings or refers the matter to the Ministry of National Security (Saint Vincent and the Grenadines 14 Oct. 2010). Punishment for police misconduct varies depending on the seriousness of the incident; if the accusations are supported by evidence, the officer may face dismissal, fines (ibid.; SVGHRA 25 Oct. 2010), or criminal charges (Saint Vincent and the Grenadines 20 Oct. 2010). The officer may also be required to apologize in front of a witness (SVGHRA 25 Oct. 2010).

As has been mentioned, the government administers an oversight committee that investigates public complaints of police misconduct (Saint Vincent and the Grenadines 14 Oct. 2010; Jane's 1 June 2010; JFJ 2007, 9; US 11 Mar. 2010, Sec. 1d). The committee reports to the Ministry of National Security and the Ministry of Legal Affairs and takes part in investigations (ibid.; JFJ 2007, 9). According to the police Representative, the committee is supervised by lawyers and notary publics (Saint Vincent and the Grenadines 14 Oct. 2010). Statistics on the number and types of cases investigated by the oversight committee could not be found among the sources consulted by the Research Directorate.

According to JFJ, Saint Vincent and the Grenadines does not have an ombudsman or a civilian oversight body to monitor public complaints about police misconduct (2007, 3). The SVGHRA President expressed the opinion that Saint Vincent and the Grenadines needs "an external body or committee to investigate these complaints in the interest of transparency" (SVGHRA 25 Oct. 2010).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Caribbean Media Corporation (CMC). 4 February 2010. "St. Vincent: Police Officers Convicted for Brutalising Teenagers." (Caribbean Daily News) [Accessed 13 Oct. 2010]

Freedom House. 2010. "Saint Vincent and the Grenadines." Freedom in the World 2010. [Accessed 13 Oct. 2010]

Jamaicans for Justice (JFJ) [Kingston]. 2007. Carolyn Gomes. "Police Accountability in the Caribbean: Where Are the People?" Paper presented at Workshop on Police Accountability at the Civicus World Assembly, 23—27 May 2007, Glasgow, Scotland. [Accessed 1 Oct. 2010]

Jane's Information Group. 1 June 2010. "Saint Vincent and the Grenadines: Security and Foreign Forces." Jane's Sentinel Country Risk Assessments - Central America and the Caribbean. [Accessed 14 Oct. 2010]

Saint Vincent and the Grenadines. 20 October 2010. Royal Saint Vincent and the Grenadines Police Force. Correspondence with a representative.

_____. 14 October 2010. Royal Saint Vincent and the Grenadines Police Force. Telephone interview with a representative.

_____. N.d. Ministry of National Security, Air and Sea Port Development, Public Relations and Complaints Department. "Services." [Accessed 14 Oct. 2010]

Saint Vincent and the Grenadines Human Rights Association (SVGHRA). 25 October 2010. Correspondence from the President.

Transparency International (TI). 2009a. "Corruption Perceptions Index 2009." [Accessed 13 Oct. 2010]

_____. 2009b. "What Is New in the 2009 Corruption Perceptions Index." [Accessed 26 Oct. 2010]

United Nations (UN). 24 April 2008. Human Rights Committee (HRC). "Concluding Observations of the Human Rights Committee. St. Vincent and the Grenadines." (CCPR/C/VCT/CO/2) [Accessed 13 Oct. 2010]

United States (US). 11 March 2010. Department of State. "Saint Vincent and the Grenadines." Country Reports on Human Rights Practices for 2009. [Accessed 13 Oct. 2010]

The Vincentian [Kingstown]. 16 September 2010. "Police Self-Criticism Must Lead to Firm Action." [Accessed 13 Oct. 2010]

_____. 26 August 2010. Haydn Huggins. "Policeman Charged with Murder." [Accessed 13 Oct. 2010]

Additional Sources Consulted

Internet sites, including: Europa World Plus, European Country of Origin Information Network (ecoi.net), Global Integrity, Human Rights Watch, Interpol, Office of the United Nations (UN) High Commissioner for Refugees (UNHCR) Refworld, Organization of American States (OAS), Saint Vincent and the Grenadines Ministry of Legal Affairs, United Nations Office on Drugs and Crime.