Summary

The Working Group on Arbitrary Detention visited the Bahamas from 27 November to 8 December 2023, at the invitation of the Government. In the present report, the Working Group identifies positive developments, including the ratification of core international human rights treaties and the extension of a standing invitation to all special procedures of the Human Rights Council, the tabling of the Ombudsman Bill before Parliament in 2023, to establish the Office of the Ombudsman, and numerous other legislative and regulatory initiatives, the establishment of the Parliamentary Human Rights Committee and the fact that persons in need of assisted living are admitted to State care institutions on a voluntary basis. At the same time, the Working Group notes challenges in the criminal justice system, such as the widespread practice of arrest without a warrant. The Working Group expressed concern regarding the lack of timely judicial oversight of detention and allegations of police violence against detainees, resulting in potentially involuntary or unreliable confessions. Furthermore, the Working Group notes the shortcomings of the bail system, which include technical problems and bail conditions that often exceed the financial means of suspects and their families. The right to legal assistance is severely limited, with some individuals who cannot afford a lawyer being left without legal assistance during the initial stages of proceedings.

Conditions of detention in the Department of Correctional Services do not meet international standards, with pretrial detainees often being held together with sentenced prisoners and criminal proceedings regularly being subject to delays. In relation to child and juvenile justice, the Working Group noted that the age of criminal responsibility is not currently in line with international standards, that children are not afforded State legal aid and that those held at the Department of Correctional Services do not have access to regular education and family visits. Challenges in the context of migration include barriers in access to legal representation, interpretation, information about the right to legal assistance, consular