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 (2011-October 2014)

1. Police Corruption and Misconduct

Transparency International's (TI) 2013 Corruption Perceptions Index, which surveys perceptions of public-sector corruption in countries worldwide, gives Saint Vincent and the Grenadines an index score of 62 on a scale of 100 (very clean) to 0 (highly corrupt) (TI 2013). This score ranks Saint Vincent and the Grenadines as 33rd of 177 countries (in order of least corrupt to most corrupt) (ibid.).

In correspondence with the Research Directorate, the President of the Saint Vincent and the Grenadines Human Rights Association (SVGHRA), a Kingstown-based human rights NGO, said that there is "limited" corruption and drug-related criminal activity among the police in Saint Vincent and the Grenadines (SVGHRA 22 Oct. 2014). In a subsequent telephone interview, she explained that corruption and drug-related criminal activity among the police was a bigger issue in the past and is no longer a "significant problem" (ibid. 30 Oct. 2014). She expressed the opinion that there may still be some officers within the police force "tipping off drug dealers," but that she believed that "the police force will deal with errant members" (ibid.).

In correspondence with the Research Directorate, the Director of Marion House, a social services agency that provides counselling to youth at risk, among other services, said that police corruption and police involvement with drugs is "an issue" in Saint Vincent and the Grenadines (Marion House 29 Oct. 2014). She said that once an officer is identified as being involved in corruption or drugs that efforts are taken by government authorities to remove the officer from the force (ibid.).

Reporting on the Eastern Caribbean region, which includes Saint Vincent and the Grenadines [1], the US Department of State's 2013 International Narcotics Control Strategy Report (INCSR) states

No senior government officials in the Eastern Caribbean were prosecuted for engaging in or facilitating the illicit production or distribution of controlled drugs or laundering of proceeds from illegal drug transactions. Nonetheless, US analysts believe drug trafficking organizations elude law enforcement through bribery, influence, or coercion. (US 28 Feb. 2014)

Regarding police corruption and misconduct, in general, the US Department of State's Country Reports on Human Rights Practices for 2013 states:

Civilian authorities maintained effective control over the police, and the government has effective mechanisms to investigate and punish abuse and corruption. . . . There were no verified reports of [police] impunity during the year, and the police chief suspended or dismissed officers from the police force for inappropriate conduct. (US 27 Feb. 2014, 4)

In correspondence with the Research Directorate, the Commissioner of Police of the Royal St. Vincent and the Grenadines Police Force (RSVGPF) said that police corruption and misconduct are "not problems" in Saint Vincent and the Grenadines (SVG 10 Nov. 2014). He explained that "[a]ny disciplinary breaches involving police officers are addressed internally via Orderly Room, which is an internal court system within the police force where a gazetted officer is assigned by the Commissioner of Police to hear the evidence against the defaulter who can be fined if found guilty" (ibid.). The Commissioner noted, though, that the final decision must be sanctioned by the Commissioner of Police, who has authority to amend the decision (ibid.).

In October 2014, the Vincentian, the national newspaper of Saint Vincent and the Grenadines, reported that a retired police officer was charged with theft for stealing gold from the exhibit room at the Criminal Investigations Department (The Vincentian 3 October 2014). He was later convicted on charges of "dishonesty" (ibid.). According to the same article, another officer was charged and convicted on charges of assisting in the theft (ibid.). Both were fined $500 (ibid.). The Commissioner of Police, when commenting on the case, said that he hoped that "the general public will see that the hierarchy of the police force is doing all in their power to weed out the bad eggs and bring them to justice" (qtd. in The Vincentian 3 Oct. 2014). As noted in the article, the Commissioner of Police stated that no decision had been made at that time as to whether the police officer convicted of assisting in the theft, who had been suspended from duties pending the outcome of the trial, would be dismissed from the police force (The Vincentian 3 Oct. 2014).

1.1 Police Use of Force

According to Freedom House, "[p]olice occasionally use excessive force in arrest proceedings and in custody" (Freedom House 2014). Similarly, Country Reports 2013 states that "occasional police use of excessive force" is one of the most serious human rights problems in Saint Vincent and the Grenadines (US 27 Feb. 2014, 1). The SVGHRA President said that there is some excessive force used by the police but that it is used less often and more discreetly than in the past (SVGHRA 30 Oct. 2014). She said that police abuse is not as much of a problem as previously because structures are being put in place to decrease abuse, such as procedures to record interviews of suspects and providing sensitivity training to officers (ibid.). The SVGHRA President noted that her organization has not received any complaints of police misconduct or brutality "recently" (ibid., 22 Oct. 2014).

Country Reports 2013 notes that

There were no reports that the government or its agents committed arbitrary or unlawful killings. On occasion police officers shot and killed persons encountered in the line of duty. The Criminal Investigations Department investigated all police killings and referred them to the coroner's inquests. (US 27 Feb. 2014)

Freedom House reports that the police shot four people within a ten-day period in May 2013, including a man who was shot and killed while in custody (Freedom House 2014). Country Reports 2013 states that on 15 May 2013, the police shot and killed a man facing robbery charges who tried to escape police custody and that, as of November 2013, authorities had not scheduled a formal inquiry into his death (US 27 Feb. 2014, 1). The same source reports that on 7 May 2013, the police shot and injured two people while attempting to arrest them (ibid., 2). In this case, Country Reports 2013 states that "[a]uthorities continued to look into the incident but did not indicate they would open a formal investigation" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Procedures to File Complaints Against the Police

2.1 Internal Complaint Mechanisms

Several sources indicate that the police have internal mechanisms to address complaints against police officers (SVGHRA 22 Oct. 2014; US 27 Feb. 2014, 2; SVG 28 Oct. 2014). In a telephone interview with the Research Directorate, a representative of the Office of the Director of Public Prosecutions (DPP) said that a person who wishes to make a complaint against a police officer can go to any police station or to the Police Public Relations and Complaints Department, which he explained is under the authority of the police and is set up to handle police complaints (ibid.). Similarly, the Commissioner of Police said that complaints can be made at any police station or directly to the Public Relations and Complaints Department (SVG 10 Nov. 2014). He explained that for complaints made at police stations, it is the responsibility of the "non-commissioned officer" in charge of each station to record the statement of the complainant and forward it to the Public Relations and Complaints Department for investigation (SVG 10 Nov. 2014).

Sources indicate that the Police Public Relations and Complaints Department was established in 1999 (The Vincentian 7 Mar. 2014; SVG n.d.a). According to the website of the Ministry of National Security, the Police Public Relations and Complaints Department "is expected to enhance the communication between the police and the general public" (ibid.). The same source indicates that one of the main services [2] of the Public Relations and Complaint Department is to monitor "the conduct of police officers with a view to initiate disciplinary proceedings if allegations are supported or to resolve issues between the police and the public" (ibid., n.d.b).

The Director of Marion House said that

Anyone that has a complaint against a Police officer, whether corruption, misconduct, or inaction, can walk in to the Police Complaints Department at the Central Police Station/Headquarters and lodge a complaint. Information is taken, investigations done by the said institution and action is taken by the police themselves. If it is a public issue, a serious offence, such as murder, wounding, theft, the matter will be taken to court. (Marion House 29 Oct. 2014)

The Commissioner of Police described the procedure to file a complaint against a police officer as follows:

The aggrieved person visits the Public Relations and Complaints [Department] or any police station. A statement is recorded from the complainant and the matter is investigated. The findings of the investigations are then sent to the Deputy Commissioner of Police for action. Depending on the results of the investigation and the severity of the report, the matters are sometimes sent to the Director of Public Prosecution for directive. (SVG 10 Nov. 2014)

The Commissioner of Police described the procedures to investigate complaints as follows:

When the initial report is received and statement(s) has/have been recorded from the Complainant and/or witnesses, the matter is investigated by police officers attached to the Public Relations and Complaints Department. If the report is received at the station, the statement(s) is/are recorded and forwarded to the Public Relations and Complaints Department for investigation.

In cases of injury, medical report forms are also issued and upon return, attached to the file, which is then forwarded to the Director of Public Prosecutions for directive.

If the individual against whom the complaint is made is found guilty of a breach, disciplinary charges are brought against the defaulter. Moreover, if the matter warrants an arrest, the defaulter is arrested accordingly; no preferential treatment is given to the officer. (SVG 10 Nov. 2014)

According to the DPP representative, if the complaint against the police officer is a criminal matter it is sent to the Director of Public Prosecutions (DPP) (SVG 28 Oct. 2014). The DPP investigates and, if there is enough evidence, files charges against the police officer (ibid.). Similarly, Country Reports 2013 states that the DPP will file charges if a complaint against a police officer "has merit" (US 27 Feb. 2014, 2). The Director of Marion House indicated that in some cases, the police officer is incarcerated or required to pay a fine (Marion House 29 Oct. 2014). The SVGHRA President said that a person can also use a lawyer to file a complaint against a police officer (SVGHRA 30 Oct. 2014).

According to the representative of the DPP, if a person files a complaint against the police, but believes that it is not being addressed, he or she can take the complaint to the head of the police station or to the Commissioner of Police (SVG 28 Oct. 2014).

According to the Commissioner of Police, the timeframe of each case varies, but a "typical report" usually takes approximately one month (SVG 10 Nov. 2014). Corroborating information about the length of police abuse investigations could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. The SVGHRA President expressed concern that the investigative process in police abuse cases takes "a long time" (SVGHRA 30 Oct. 2014).

The Commissioner of Police stated that there were 76 reports made against police officers in 2011, 59 reports in 2012, 46 reports in 2013 and 89 reports between January and October of 2014 (SVG 10 Nov. 2014). Without providing details, he said that reports were investigated and some matters were resolved by both parties (ibid.). Statistics on the number of prosecutions and convictions of police officers for police misconduct or corruption could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.2 Civilian Oversight Mechanisms

According to the Commissioner of Police, in 2009, Cabinet appointed a police oversight body, which consists of three people, whose purpose is "to investigate, adjudicate and report upon cases of excesses committed against persons by members of the police force" (SVG 10 Nov. 2014). The Commissioner of Police noted that people can make complaints against police officers directly to this civilian oversight body, to the Attorney General or to the Director of Public Prosecutions (ibid.). Similarly, the representative of the DPP said there is a police oversight committee that is composed of representatives of different community members (SVG 28 Oct. 2014). He said that police complaints can be brought to the committee's attention and they would report the issues to the Commissioner of Police and the Ministry of National Security (SVG 28 Oct. 2014).

The SVGHRA President expressed the opinion that Saint Vincent and the Grenadines needs a mechanism for monitoring police conduct that has "greater transparency" than the current system (SVGHRA 30 Oct. 2014). According to her, "attempts have been made to create an independent mechanism [to monitor police conduct] but I believe that such a body should have a wider representation from various organizations so that transparency can be affected" (ibid.). This same source said that there have been cases in which officers have been convicted of assault but still continue to work on the police force (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Both the SVGHRA President and the Director of Marion House said that Saint Vincent and the Grenadines does not have an Ombudsman Office (SVGHRA 22 Oct. 2014; Marion House 29 Oct. 2014).

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.

Notes

[1] The other countries of the "Eastern Caribbean" region are Antigua and Barbuda, Barbados, Dominica, Grenada, St. Kitts and Nevis and St. Lucia (US 28 Feb. 2014).

[2] The other main services of the Police Public Relations and Complaints Department include: evaluating "public opinion and attitude with respect to policies, methods and personnel of the department"; advising the "commissioner of Police with regard to public relations aspects of new or revised departmental policies, procedures and activities"; and providing information sessions to keep the public informed about police activities (SVG n.d.b).

References

Freedom House. 2014. "St. Vincent and the Grenadines." Freedom in the World 2014. [Accessed 7 Oct. 2014]

Marion House. 29 October 2014. Correspondence from the Director to the Research Directorate.

Saint Vincent and the Grenadines (SVG). 10 November 2014. Royal St. Vincent and the Grenadines Police Force (RSVGPF). Correspondence from the Commissioner of Police to the Research Directorate.

_____. 28 October 2014. Office of the Director of Public Prosecutions. Telephone interview with a representative.

_____. N.d.a. Ministry of National Security. Public Relations Police Department. "Background." [Accessed 9 Oct. 2014]

_____. N.d.b. Ministry of National Security. Public Relations Police Department. "Services." [Accessed 9 Oct. 2014]

Saint Vincent and the Grenadines Human Rights Association (SVGHRA). 30 October 2014. Telephone interview with the President.

_____. 22 October 2014. Correspondence from the President to the Research Directorate.

Transparency International (TI). 2013. Corruption Perceptions Index 2013. [Accessed 28 Oct. 2014]

United States (US). 28 February 2014. "Country Report: Eastern Caribbean." 2014 International Narcotics Control Strategy Report (INCSR). [Accessed 7 Oct. 2014]

_____. 27 February 2014. Department of State. "Saint Vincent and the Grenadines." Country Reports on Human Rights Practices for 2013. [Accessed 7 Oct. 2014]

The Vincentian. 3 October 2014. Haydn Huggins. "Sad Moment for the Police." [Accessed 7 Oct. 2014]

_____. 7 March 2014. Haydn Huggins. "'Misleading,' Says Retired Commissioner." [Accessed 7 Oct. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the following organizations were unsuccessful within the time constraints of this Response: Saint Vincent and the Grenadines - Consulate in Toronto.

Internet sites, including: Amnesty International; Caribbean Media Corporation; Caribbean News Now; CARICOM; Factiva; IHS Jane's Terrorism Watch Report; Organization of American States; Organization of Eastern Caribbean States; Small Arms Survey; United Nations - Refworld.