(GBHRA Statement) The Minister of Foreign Affairs
should be ashamed of his flippant attitude to the plight of an innocent
Jamaican incarcerated in The Bahamas for the better part of a decade
According to
Minister of Foreign Affairs and Immigration Fred Mitchell, the case of Matthew
Sewell, an innocent Jamaican man incarcerated in The Bahamas for the better
part of a decade, hinged on nothing more than an “administrative error”.
To call
Mitchell’s reaction to this deplorable miscarriage of justice flippant would be
a laughable understatement. He shocking lack of empathy for the suffering of
others has now sunk to such embarrassing levels that Prime Minister Christie
should be seriously reconsidering his fitness for a post on the international
stage.
The last
stage of Sewell’s harrowing ordeal, at the hands of Mitchell’s very own Immigration
Department, was indeed the result of an error: even after he was declared
innocent of all charges by the courts, this poor man continued to be held for another
year under an article of the Immigration Act which does not even exist.
For some
reason, Mitchell seems to think this shameful fact negates the grave concerns of
human rights defenders over this case. In fact, it does the opposite. That a
man could be held in detention for so long over a mere slip of the pen – with
government lawyers fighting tooth and nail to keep him there, even after the
error came to light – is indicative of the troubling level of disregard for
human liberty displayed by the authorities in The Bahamas today.
Mitchell
goes on to point out that the error was “easily correctible” by a phone call or
through a lawyers’ conference. For his own sake, we hope the minister is not
serious. Relatives of those held at the Carmichael Detention Center have
routinely been ignored, impeded or turned away from the gates when trying to
point out cases of wrongful detention. Attorneys seeking to protect the rights
of detainees have been denied access to their clients, or else told they must
get permission from senior immigration officers –a totally illegal
demand.
In any case, when an individual is wrongfully
deprived of his freedom, the only way to even begin to correct such a
deplorable crime is for the state to make whatever redress the courts think is
fit and proper, as outlined in the law.
According to
Mitchell, of course, Matthew Sewell was not wrongfully detained at all, because
the judge in his case did not use these precise words. As a lawyer, the
minister really should know better.
Everyone in
The Bahamas is by definition innocent until proven guilty. All of the charges
leveled at Sewell having been dropped, he remains innocent and was therefore by
definition wrongfully imprisoned on trumped up charges – some of which,
Mitchell conveniently forgot to mention, were in relation to crimes that
happened while Sewell was already incarcerated!
It is most
disingenuous of Mitchell to claim that after being exonerated, Sewell was held
by the Immigration Department for a further year because he “had no status in
The Bahamas”. As the minister should well know, there is no such crime as “having
no status”. There are only three violations listed in the Immigration Act:
entering without permission, overstaying the allotted time and working without
a permit.
Of these, overstaying
is the only charge that could have even remotely been thought to apply to
Sewell, although we hope no one would be so bold as to argue that a man who was
detained 10 days after he arrived in the country – and who remained either
incarcerated or on bail and unable to leave while the state held his travel
documents for more than eight years – voluntarily remained in Bahamian
territory past the three weeks originally granted him. To seek to justify the
loss of another year of his life on such a ridiculous basis would surely be too
low, even for Mitchell.
Finally, we
would urge the minister to remember that Matthew Sewell is not a number or
statistic, he is not a political football. Matthew Sewell is a flesh and blood
human being whose life has been forever altered by the highhandedness and
ineptitude of our law enforcement agencies. Rather than continue to seek to
defend the indefensible, dragging our international reputation through the mud
in the process, Mitchell and his colleagues should simply offer this man their
sincerest apology and a pledge to do all they can to redress the profound
injustice visited upon him.