A veteran human rights activists is warning that if attorneys are again denied access to Jean-Mary Justilien and are not provided with copies of his medical records, the Grand Bahama Human Rights Association (GBHRA) will have no choice but to apply to the Inter-American Commission on Human Rights (IAHCR) for precautionary measures in an effort to protect his rights.

Justilien, 27, was shot in the head during an immigration exercise in Eleuthera on June 9. Officials claim he was shot in the face accidentally, during an attempt to escape lawful custody, however eyewitnesses say he was shot in the back of the head while running away; the bullet exiting his cheek without hitting any vital structures.

“Since he was released from hospital two days after the incident, this young man has been held in custody, first on a cell floor in the Central Police Station, then at the Detention Center, and now at Her Majesty’s Prison,” Darville said. “His lawyers tell us that earlier this week, his legal counsel were denied access to him, that as far as they know he has not received any follow-up medical care, that he has been unable to eat because of his injuries yet no special food has been arranged, and that hospital officials have failed to respond to repeated requests for his medical records.”

When Justilien was transferred to the Detention Center last week, activists feared that the authorities were seeking to cover up the possibility that he was shot from behind, citing reports that he had been placed on a deportation list. On Tuesday, however, he was brought to court and charged with illegally entering the country.

“He was taken from the Detention Center to be charged with a criminal offence without the knowledge of his attorneys and would have appeared in court alone,” Darville said. “Luckily, a relative alerted the team.

“However, after the arraignment, police officers at the court holding cells turned away the legal team when they sought to speak to their client. It is also unclear whether, while in custody, he is receiving the medication prescribed when he was released from hospital.

“This is a person we are talking about, a human being who has suffered a serious injury and who should be treated with dignity and according to his legally guaranteed rights,” Darville said. “He may need ongoing medical care. This man is innocent until proven guilty and should be treated as such.

“We have already had to appeal to the IACHR once over the harsh new immigration policy launched by this government and we will not hesitate to do it again if the treatment of this man does not improve immediately and if his lawyers are not given the documents they need to defend him against the charges he faces. We stand prepared to once again formally apply for precautionary measures.”

In March, the GBHRA appeared at hearing in Washington before IACHR, and independent organ of the Organization of American States (OAS), of which The Bahamas is a member. The delegation argued that the new immigration policy launched in November 2014 employs illegal tactics and violates the constitution in denying fundamental rights to those suspected of being undocumented migrants.

The IACHR also issued precautionary measures calling on the government to immediately address deficient and unsanitary conditions at the Detention Center.

In recent years, the IACHR granted precautionary measures with regard to prisoners in both Cuba and Argentina, after it was claimed the authorities were not giving them necessary medical attention. Precautionary measures have also been granted to individuals held without access to legal counsel.