Turks and Caicos Islands: Domestic violence; police response, protection and support services available to victims (2011-October 2013)

1. Domestic Violence in the Turks and Caicos Islands

Sources report that domestic violence continues to be a "problem" in the Turks and Caicos Islands (Turks and Caicos Islands 15 June 2011, 22; ibid. 30 Oct. 2013). In a 30 October 2013 telephone interview with the Research Directorate, the Deputy Coordinator of the government Gender Affairs Unit said that the issue is being reported more often than in the past (ibid.). The Gender Affairs Unit assists in protecting women and men's rights and conducts activities related to social justice, advocacy, and legislation in this regard, including providing support for domestic violence survivors (ibid.).

In 29 October 2013 correspondence with the Research Directorate, an Inspector with the Sexual Offences and Domestic Violence Unit at the Royal Turks and Caicos Island Police Force (RTCIPF) stated that

[d]omestic violence occurs throughout the TCI on a daily basis and it has no boundaries as it occurs in all socioeconomic backgrounds. Everyday in our community a woman, man, boy or girl is being abused sexually and physically, and most of the time these incidents are left unreported for reasons such as stigma, shame, fear, or the accused being a family member or an esteemed public figure. (Turks and Caicos Islands 29 Oct. 2013)

According to the 2011 Turks and Caicos Islands report submitted to the UN Committee on the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), the number of domestic violence cases increased in 2009-2010 and "the nature of the attacks have become more violent, resulting in serious physical injuries" (Turks and Caicos Islands 15 June 2011, 24). The report provided for the following estimates on the number of reported attacks against women on six islands, from January to September 2010:

130-140 cases of "Assault Occasioning Actual Bodily Harm" on Providenciales Island and 30-40 cases of assault on Grand Turk Island;

80-90 cases of "Wounding" on Providenciales Island and less than 10 cases on Grand Turk Island;

"Carnal Knowledge" and rape were reported to have fewer than 10 cases on each of the six respective islands (ibid., 33).

2. Legislation

According to the 2011 Turks and Caicos Islands report to the CEDAW committee, a draft of the Domestic Violence Ordinance law is still under review and has not been adopted into law (ibid., 22, 30). The Inspector with the RTCIPF stated that domestic violence legislation is "still in draft form since 2005" (Turks and Caicos Islands 29 Oct. 2013).

2.1 Domestic Proceedings Ordinance (Section 17)

The Inspector from the RTCIPF indicated that at the present time, the Domestic Proceedings Ordinance (Section 17) is the current legislation for domestic violence, but that this law applies only to married persons (Turks and Caicos Islands 29 Oct. 2013).

Section 17 of the Chapter 11.03 Domestic Proceedings Ordinance 31 August 2009 states that

(2) Where, on an application for an order under this section, the Magistrate is satisfied that the respondent has used, or threatened to use, violence against the person of the applicant or a child of the family and that it is necessary for the protection of the applicant or a child of the family that an order should be made under this subsection, the Magistrate may make one or both of the following orders -

an order that the respondent shall not use, or threaten to use, violence against the person of the applicant;

an order that the respondent shall not use or threaten to use violence against the person of a child of the family. (Section 17, Art. 2)

(3) Where on an application for an order under this section, the Magistrate is satisfied -

that the respondent has used violence against the person of the applicant or a child of the family;

that the respondent has threatened to use violence against the person of the applicant or a child of the family and has used violence against some other person; or

that the respondent has in contravention of an order made under subsection (2) threatened to use violence against the person of the applicant or a child of the family,

and that the applicant or a child of the family is in danger of being physically injured by the respondent (or would be in such danger if the applicant or the child were to enter the matrimonial home), the Magistrate may make one or both of the following orders -

an order requiring the respondent to leave the matrimonial home;

an order prohibiting the respondent from entering the matrimonial home. (Turks and Caicos Islands 31 Aug. 2009a, Section 17, Art. 3)

According to Section 19 of the same law, the "Powers of arrest for breach of orders under Section 17" states that

19. (1) Where the Magistrate makes an order under section 17 which provides that the respondent -

shall not use violence against the person of the applicant;

shall not use violence against a child of the family; or

shall not enter the matrimonial home,

the Magistrate may, if he is satisfied that the respondent has physically injured the applicant or a child of the family and considers the respondent is likely to do so again, attach a power of arrest to the order.

(2) Where by virtue of subsection (1) a power of arrest is attached to an order, a police officer may arrest without warrant a person whom he has reasonable cause for suspecting of being in breach of any such provision of the order as is mentioned in subsection (1) (a), (b), (c) by reason of that person's use of violence, or, as the case may be, his entry into the matrimonial home. (ibid., Section 19, Art. 1, 2)

The United Nations Development Fund for Women (UNIFEM) report that in order to qualify for court protection orders offered by the ordinance, a woman must be married to or be formerly married to the abusive person and "prove that the abusive person has engaged or threatens to engage in conduct which amounts to domestic violence" (UNIFEM 2011).

According to UNIFEM, if the magistrate did not attach a power of arrest to the order and the abusive spouse disobeys the order, the applicant may apply directly to the magistrate or a justice of the peace for the person to be arrested (UN 2011). Similarly, the Inspector from the RTCIPF states that "under the Domestic Proceedings a married woman does not have to make a report to the police but can go directly to the court and file for a protection order" (Turks and Caicos Islands 29 Oct. 2013).

2.2 Chapter 3.08 Offenses Against the Person Ordinance

The Inspector with the RTCIPF indicated that in cases of domestic violence or partner abuse occurring to married and unmarried women:

All domestic violence reports are dealt with under the Offences against the persons Ordinance Chapter 3.08. In the case of an unmarried woman, if the matter is reported and the case is taken to court, the Prosecutor will request of the court for bail conditions to be put in place for example, the accused to stay away from the victim and not to contact her himself or through another person. (Turks and Caicos Islands 29 Oct. 2013)

Chapter 3.08 Offences Against the Person Ordinance 31 August 2009 outlines different "Acts Endangering Life or Causing Bodily Harm offences", as well as the associated penalties, including:

"Wounding or causing grievous bodily harm" (Turks and Caicos Islands 31 Aug. 2009b, Part IV, Art. 10) and "Attempting to choke, etc., in order to commit any offence" (ibid., Part IV, Art.12), which are liable for life imprisonment.

"Inflicting bodily injury, with or without a weapon" (ibid., Part IV, Art. 11), for which the liable penalty is five years imprisonment (ibid., Part IV, Art. 11).

"Common assault," for which the liable penalty is imprisonment for six months (ibid., Part V, Art. 28).

Rape, for which the liable penalty is imprisonment for life (ibid., Part VI, Art. 29). UNIFEM notes that "the legislation does not provide a definition for rape" (UN 2011).

2.3 Protection Available to Unmarried Women

According to UNIFEM, unmarried women that are subject to violence by partners or former partners must "rely on the criminal law and have [the abuser] prosecuted for criminal offences such as assault, wounding, etc." (UN 2011). After meeting with 120 persons from a range of public service and civil society groups, Peter Ashman, a UK Consultant working with the Turks and Caicos Human Rights Commission and the UK Department for International Development (DFID) on the "Building Human Rights Capacity Project," found that "legal protection from domestic violence is mainly available only to married women, but many TCI women cohabit with men in non-formal families. There is little protection for such women if faced with domestic violence" (Ashman 2011).

3. Police Response

3.1 Sexual Offences and Domestic Violence Unit

Sources report that the RTCIPF created a Sexual Offences and Domestic Violence Unit in 2011 and that the unit is comprised of specially trained officers (Turks and Caicos Weekly News n.d.a; Turk and Caicos (TC) Free Press n.d.a). According to the Inspector from the RTCIPF, as of 2013, there were six specially trained officers in the Domestic Violence and Sexual Offences Unit, which is located in the Chalk Sound Police Station, on Providenciales Island (Turks and Caicos Islands 29 Oct. 2013). Sources report that the unit is within the Criminal Investigations Division of the RTCIPF (TC Free Press n.d.a; Turks and Caicos (TC) Sun n.d.a).

In an interview with the Turks and Caicos (TC) Weekly News, the head of the unit stated that the new unit has given victims of domestic violence "more confidence in the judicial system;" however, she further states that "there are still a number of cases not reported because of fear, immigration status, court procedures and victims reporting lack of confidence in the police and criminal justice system" (n.d.a). Similarly, the Gender Affairs Unit states in the 2011 CEDAW report that

[s]ince the establishment of the Domestic Violence Unit there has been a marked increase in the number of complaints filed and more cases brought before the courts. Nevertheless, a number of offences against women continue to go unreported, and there are instances where women sometime withdraw complaints even at the late stage. (Turks and Caicos Islands 15 June 2011, 24)

3.2 Police Protocol and Response to Domestic Violence

According to the Inspector from the RTCIPF, victims can report domestic violence or abuse by calling the 24 hour cellular service of the Domestic Violence Unit or 911 (Turks and Caicos Islands 29 Oct. 2013). Additionally, the Inspector states that

[i]f a victim calls or visits any police station or the Gender Department reporting Domestic Violence, the report is dealt with without any delay. Both married and unmarried persons receive the same response. If she goes directly to the Gender Department and reports the abuse, the police will be called in. If a report is made to any police station involving any physical abuse, the abuser is charged and taken before the court.

...

In most cases the abuser is asked by the police to leave the home or the victim will be removed from the home and taken to live with family members or friends. If the victim is married, they are advised by the police to apply to the courts for a Protection Order under the Domestic Proceedings Ordinance and [the victim] is also referred to the Gender Department of the Department of Social Development. The police also inform and educate victims o[n] the procedures of the police investigations and the Criminal Justice System, and refer victims to medical and /or counselling and support services available in the community. The victim is also taken to hospital to be examined by a doctor and the matter is taken to court.

...

[I]nvestigating officers keep in regular contact with victims from the reporting stage to the conclusion of the court case and after. This is done through personal visits, phone calls and Crime Victim letters and update letters.

...

Each case is assigned a police investigator and a prosecutor from the DPP's [Department of Public Prosecutions] office. If a victim wants to press charges a report has to [be] made to police, the victim is interviewed, taken to hospital for examinations and photographs to be taken and a medical report is issued by the examining doctor. Statements are recorded, the case file is prepared and taken to the Office of the DPP, followed by court proceedings. (ibid.)

In a 30 October 2013 telephone interview with the Research Directorate, the Deputy Coordinator of the Gender Affairs Unit explained that

[t]he break down occurs at the time when someone has to go to court, statements have to be made, and actions taken against the abuser - the person that is abused will see they have no where to go so they recant (sometimes after the first court date), or drop the case - fear of having no where to go, the abuser is the breadwinner, or there are usually children involved, which means the abused person may just stay to provide for the children. Once the case is dropped by the victim, it is no longer pursued by the police or the courts (unless the victim wants to pursue legal action). Many of the victims, if they are back a third time, after having another abusive incident, would go forward with the case. The abuse is almost always worse than prior attacks ... Some people still shy away from reporting, because TCI is such a small community and people want to keep their business private. More expats come forward about abuse than the TCI citizens do themselves, because the island mentality is entrenched and belief systems about domestic violence are hard to break in the society. Police will respond to calls about domestic violence but sometimes the documentation and requirements of the court system are a deterrent to people continuing to pursue their cases. (Turks and Caicos Islands 30 Oct. 2013)

Both the Inspector from the RTCIPF and the Deputy Coordinator of the Gender Affairs Unit indicated that if a victim indicates she no longer wants to pursue a case, she will need to appear in court to explain the reason for dropping the case (Turks and Caicos Islands 29 Oct. 2013; ibid. 30 Oct. 2013). Information indicating when a case would be pursed and when it would be dropped could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on the number of prosecutions and convictions for crimes against women could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Support Sevices, Shelters and Hotlines

The Inspector of the RTCIPF indicated that support services are provided to victims through the Gender Affairs Unit:

The Gender department is a support services for victims in helping them if they want to move out and assist them in relocating to live with family members and/or friends. The Gender department also looks out for the welfare of the victim and her juvenile children, if there are any. They also support the victim from the beginning of the case to the end with sitting in with the victim during interviews, medical examinations and the court hearing. They also assist married victims with the procedures to get the Protection Order. (Turks and Caicos Islands 29 Oct. 2013)

The Deputy Coordinator of the Gender Affairs Unit stated that the unit is staffed with two employees, who are located on two different islands and that the unit provides referrals for government and NGO services such as counselling (Turks and Caicos Islands 30 Oct. 2013). She further noted that the only NGO that works on the issue of domestic violence is Women in Development (ibid.). Further information on the services provided by Women in Development could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Gender Affairs Unit states in the 2011 Turks and Caicos Islands report to the CEDAW committee that the "absence of domestic violence legislation and lack of support systems for victims makes it difficult to address the problem in a holistic manner" (Turks and Caicos Islands 15 June 2011, 30). The Inspector from the RTCIPF and the Deputy Coordinator of Gender Affairs Unit indicate that there are no shelters in Turks and Caicos Islands for victims of domestic violence (ibid. 29 Oct. 2013; ibid. 30 Oct. 2013).

The RTCIPF runs 911 emergency telephone services and a crime-stoppers tip line and website (ibid. n.d.a). According to the Inspector at the RTCIPF, victims can make a report at any police station, call 911, call the Domestic Violence and Sexual Offences unit's 24 hour cellular telephone, or make a report with the unit in person (ibid. 29 Oct. 2013).

5. Legal Assistance

According to the Inspector at the RTCIPF, "legal aid is available in the TCI but only for the accused person. Victims are represented by the Office of the Director of Public Prosecutions" (Turks and Caicos Islands 29 Oct. 2013). In 31 October correspondence with the Research Directorate, the Chairperson of the Human Rights Commission indicated that the victim is represented by the Department of Public Prosecutions (Turks and Caicos Islands 31 Oct. 2013).

6. Corruption and Police Misconduct

Sources report that "systemic corruption" was discovered in the legislature and government of the Turks and Caicos Islands overseas territory after a 2009 commission of inquiry (Turks and Caicos Islands 2008-2009; UK April 2012, 152; TI 2011, 37).

According to a 2011 report by Transparency International (TI) entitled National Integrity System Country Report: Turks and Caicos, at the time of that country's reporting in 2009,

[n]o unit existed in the police force dedicated to investigating corruption-related offences. In general, significant concern has been expressed about the quality of investigative expertise in the police force. (TI 2011, 91).

In reference to accountability, the TI report indicates that

[n]either prosecutors nor the police are required to give reasons to the public or relevant stakeholders regarding their decision to prosecute or not. ... The law prohibits the Ombudsman from investigating any complaint against police, Governor, or Attorney General. (TI 2011, 93).

A local media reports that in 2011, the RTCIPF created the Professional Integrity Unit to investigate and address behavioural issues of police employees (TC Free Press n.d.a; TC Free Press 28 Apr. 2011), indicating that this unit will ensure the Police are a "credible and accountable organization" (ibid.).

Sources report that in October 2013, the Acting Deputy Commissioner of Police was arrested on charges of corruption because of alleged improper involvement in a police investigation over the arrest of his son for murder (Turks and Caicos Sun Oct. 2013; Caribbean News Now 12 Oct. 2013).

Sources report that the Sexual Offences and Domestic Violence Unit and the Professional Integrity Unit have investigated and charged serving police officers with sex-related crimes in 2011 and 2012 (TC Free Press 28 Apr. 2011; Turks and Caicos Sun n.d.b; TC Free Press 10 May 2012; TC Free Press 20 June 2012; Turks and Caicos Islands n.d.b).

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

Ashman, Peter. 2011. Department for International Development (DFID). "Peter Ashman, Consultant, Commonwealth Foundation - Building Human Rights Capacity Project - Report of His Visit to the Turks and Caicos Islands." [Accessed 26 Oct. 2013]

Caribbean News Now. 12 October 2013. "Turks and Caicos Authorities Arrest Acting Deputy Police Commissioner." [Accessed 26 Oct. 2013]

Transparency International (TI). 2011. National Integrity System Country Report: Turks and Caicos Islands 2009. [Accessed 28 Oct. 2013]

Turks and Caicos (TC) Free Press. 20 June 2012. "Police Constable Charged with Sexual Assault." [Accessed 26 Oct. 2013]

_____. 10 May 2012. "Police Briefs: Constable Guilty of Attempted Rape." [Accessed 26 Oct. 2013]

_____. 28 April 2011. "Crime Corner: Police Officer Suspended After Sex Allegations." [Accessed 26 Oct. 2013]

_____. N.d.a. "Specialized Police Units to Target Crime." [Accessed 26 Oct. 2013]

Turks and Caicos Islands. 31 October. Human Rights Commission. Correspondence from the Chairperson to the Research Directorate.

_____. 30 October 2013. Gender Affairs Unit. Telephone interview with the Deputy Coordinator.

_____. 29 October 2013. Royal Turks and Caicos Island Police Force (RTCIPF). Correspondence from an Inspector of the Sexual Offences and Domestic Violence Unit to the Research Directorate.

_____. 15 June 2011. Gender Affairs Unit. United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) - Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women Seventh periodic report of States parties - Addendum -United Kingdom of Great Britain and Northern Ireland, Overseas Territories of the United Kingdom. [Accessed 26 Oct. 2013]

_____. 31 August 2009a. Chapter 11.03 Domestic Proceedings Ordinance - Revised Edition. [Accessed 26 Oct. 2013]

_____. 31 August 2009b. Chapter 3.08 Offences Against the Person Ordinance and Subsidiary Legislation - Revised Edition. [Accessed 26 Oct. 2013]

_____. 2008-2009. Commission of Inquiry. Turks and Caicos Islands Commission of Inquiry 2008-2009. [Accessed 26 Oct. 2013]

_____. N.d.a. Royal Turks and Caicos Islands Police Force (RTCIPF). "RTCIPF - Home." [Accessed 26 Oct. 2013]

_____. N.d.b. Royal Turks and Caicos Islands Police Force (RTCIPF). "TCI Police Officer on Sex Assault Charges." [Accessed 26 Oct. 2013]

Turks and Caicos (TC) Sun. October 2013. "Integrity Commission Confirms Arrest of Deputy Police Commissioner and Senior Immigration Official." [Accessed 26 Oct. 2013]

_____. N.d.a. "TCI Police Force Now Has Three New Units." [Accessed 26 Oct. 2013]

_____. N.d.b. "Policeman Charged With Having Sex With a Minor." [Accessed 26 Oct. 2013]

Turks and Caicos Weekly News. N.d.a. "Ending Violence Against Women and Children." [Accessed 26 Oct. 2013]

United Kingdom (UK). April 2012. Foreign and Commonwealth Office. Human Rights and Democracy: The 2011 Foreign and Commonwealth Office Report. [Accessed Oct. 26 2013]

United Nations (UN). 2011. United Nations Development Fund for Women (UNIFEM). "Strengthening State Accountability and Community Action for Ending Gender-Based Violence in the Carribbean - Turks and Caicos." [Accessed 26 Oct. 2013]

Additional Sources Consulted

Oral Sources:Attempts to contact the following individuals and organizations were not successful within the time constraints of this Response: Canadian High Commission - Jamaica; UN - UNICEF Office for the Eastern Caribbean Area; Women in Development (WID).

Internet Sites, including:Amnesty International; Economic Commission for Latin America and the Caribbean (ECLAC); ecoi.net; Factiva; Freedom House; GlobaLex; Government of the Turks and Caicos Islands; Human Rights Watch;; Lexadin; Organization of American States; Radio Free Europe/Radio Liberty; TCIOnline; United Nations - Integrated Regional Information Networks, Refworld, UNICEF, UN Secretary General's Database on Violence Against Women, UN Women; US Law Library of Congress.