(Statement) I refute in the strongest terms the complete and utter fiction that is the official version of Tuesday’s shooting of an unarmed young Haitian man, Jean-Mary Justilien, by a law enforcement officer in Eleuthera on Tuesday.
It has been claimed by police that Mr. Justilien struggled with an immigration officer, sought to disarm him, and was shot in the cheek as a result. According to the victim’s family – and as we understand it, numerous eyewitnesses – nothing could be further from the truth.
In fact, Mr. Justilien was in a house with others when armed officers forced their way in, as part of an aggressive immigration raid. Understandably terrified, he ran, and colliding with some bushes, fell. As he attempted to get up, Mr. Justilien was shot in the back of the head, the bullet exiting his cheek.
We, his legal team, are confident that both medical records and an analysis of the photos of the incident that have emerged will bear this out and show the official version to be nothing but a cynical attempt to cover up what really took place. One just has to look at the images; he was clearly shot in the back of the head.
At the moment, my colleagues and I are working to secure Mr. Justilien’s fundamental rights and protections, as word has emerged that he is to be transported from Princess Margaret Hospital (PMH) to an undisclosed police station, despite having suffering serious head injuries only 48 hours ago.
In short order however, we intend to take legal action against the officer or officers involved in this horrific incident, the Department of Immigration, the Royal Bahamas Police Force (RBPF) and any other law enforcement agency that was involved. We intend to sue for excessive use of force, wrongful detention and false imprisonment; and intend to urge the Attorney General’s office in the strongest of terms to bring serious criminal charges as well.
Speaking more generally, in my capacity as president of the Grand Bahama Human Rights Association (GBRHA), I have long expressed concern that the government’s harsh new immigration policy would lead to an escalation in the violence against, and dehumanization of, Haitians and Bahamians of Haitian descent. The government's attempt to pander to anti-immigrant sentiment in a desperate effort to boost its flagging support was always going to lead to disastrous consequences. It would seem that sadly, those chickens are coming home to roost.
As we predicted, this government’s decision to abandon a reasoned, intelligent and comprehensive approach to immigration reform for the militarization of the department, has led to bloodshed.
The current policy of allowing the country’s armed services to interfere with immigration matters has only resulted in tragedy. Why are police and Defense Force officers involved in immigration issues in the first place?
Just a few months ago, a senior officer was charged with raping a detainee. Another is said to be on official leave for inappropriate conduct towards a female detainee. And now, a fleeing man has been shot in the back of the head. One does not have to be clairvoyant to see the path we are on.
These incidents become even more concerning when taken in the context of the recent efforts by the government to extend the reach of the Immigration Department by adding more “troops” when the department’s current ranks are in desperate need of reform and retraining.
We have said over and repeatedly that the government's harsh and illegal immigration policy will not lead to a reduction of undocumented migration, but rather an escalation of the violence and dehumanization in this society.
Today it is those perceived to be illegal immigrants. Tomorrow, it could be you or I. The government is again urged to back away from its tendency to militarize this society. It should end all policies that violate the constitution and encourage the trampling of people's fundamental rights.
Fred Smith, QC
Criminal charges filed in connection with Illegal landings in Eleuthera
