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17 October 2000
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Human Rights Committee
70th session
17 October 2000
Morning
Experts Regret Maintenance of Capital and Corporal Punishments
The Human Rights Committee this morning started its consideration of the third and fourth periodic reports presented by Trinidad and Tobago. Experts queried the Government delegation on capital and corporal punishments, safeguards for arrested persons and guarantees for human rights defenders.
Introducing the report, Ramesh Lawrence Maharaj, Attorney-General and Minister of Legal Affairs of Trinidad and Tobago, said that his country might be small with a small population, but it had made a tremendous impact on the promotion of human and fundamental rights in the region and in the world.
Responding to questions prepared by Committee members, the delegation said that since the State had made reservations on capital matters, its denunciation of the Optional Protocol to the Covenant was on the basis that the Committee had no jurisdiction to receive communications from individuals on death row. However, the strict time limit had been relaxed on carrying out the death penalty; and the judicial authorities had also suspended any execution of death sentences while petitions were pending.
Over the course of the morning meeting, several experts regretted that capital punishment and the imposition of flogging were still maintained by the State.
The delegation of Trinidad and Tobago was made up of Christine Sookram, Permanent Secretary, Ministry of the Attorney-General and Legal Affairs; Mary-Ann Richards, Deputy Permanent Representative and Charge d'Affaires, Permanent Mission of Trinidad and Tobago; Peter J. Pursglove, Legal Consultant, and Debbie Sirjusingh, Deputy Director, Ministry of the Attorney-General and Legal Affairs; and Lauren Boodhoo, First Secretary, Permanent Mission of Trinidad and Tobago at Geneva.
As one of the 148 States parties to the Covenant, Trinidad and Tobago should submit periodic reports to the Committee to allow it to assess the human rights situation in that country and compliance with the provisions of the treaty.
The Committee will continue its consideration of the report of Trinidad and Tobago at 3 p.m.
Report of Trinidad and Tobago
The third and fourth periodic reports of Trinidad and Tobago (document CCPR/C/TTO/99/3) enumerate the measures undertaken by the State to comply with the provisions of the Covenant. The report says that the people of Trinidad and Tobago exercised their inalienable right to self-determination through the attainment of political independence from the United Kingdom in 1962. The right to join political parties and to express political views is expressly recognized by the Constitution.
The report says that the Government's economic policy is directed to the development of a robust and open market-driven economy; the Government was committed to actively encouraging foreign investment in the country. Despite the relaxing of criteria for capital investment in the petroleum sector, the Government retained ownership, leasing land and offshore acreage for a set period.
Further, the report notes that the rights recognized in the Covenant are largely reflected in the country's Constitution. However, there is no specific anti-discrimination provision in the Constitution. Trinidad and Tobago has signed the Optional Protocol to the Covenant, allowing the right of individual petition by those claiming to be victims of a breach of the Covenant, subject to a reservation in respect of persons under sentence of death.
Introduction of Reports
RAMESH LAWRENCE MAHARAJ, Attorney-General and Minister of Legal Affairs of Trinidad and Tobago, said his Government over the past five years had taken an active role in the implementation of United Nations conventions and resolutions that had bearing on the enjoyment of civil and political rights. The Government also took a leading role at the Rome Conference on the establishment of the International Criminal Court. It was the second State in the world to ratify the Statute of the Court; and it had introduced a bill to give effect to the Statute.
Mr. Maharaj said the success of the Government in the promotion of the rights contained in the Covenant was recognized in several reports showing that the Government's policies had resulted in the promotion of sustainable human development. In the United Nations Development Programme's Human Development Report 2000, Trinidad and Tobago had ranked at the end of 1999 number five among the developing countries and held a better ranking than the United States, the United Kingdom and Ireland in overcoming poverty.
The Government had taken steps to provide education for all at primary and secondary school levels and was providing such education free of charge, Mr. Maharaj continued to say. It had recently enacted legislation to set up a college of science technology and applied arts to establish tertiary level education responsive to community, national and regional needs.
Turning to the death penalty, Mr. Maharaj said that the Judicial Committee of the Privy Council in London was the final court of appeal in respect of any appeal relating to the death penalty. Since 1970, countries of the Caribbean region had been working towards the establishment of a Caribbean court of appeal and it was expected that the court would be set up soon with its seat in Trinidad and Tobago. In addition, the Government had recently passed a bill to the parliament to categorize the offense of murder into three categories, making only some of the charges punishable by death.
In conclusion, Mr. Maharaj said that his country might be small with a small population, but it had made a tremendous impact on the promotion of human and fundamental rights in the region and in the world.
Discussion
In response to written questions prepared by Committee experts in advance, the members of the delegation of Trinidad and Tobago said that the Government had denounced the Second Optional Protocol to the Covenant and the American Commission on Human Rights in matters concerning the death penalty. Since the State had made reservations on capital matters, its denunciation was on the basis that the Committee had no jurisdiction to receive communications from individuals on death row. However, the strict time limit had been relaxed on carrying out the death penalty.
The judicial authorities had also suspended any execution of death sentences while a petition was lodged by the person condemned to death, the delegation said. On the international level, there were 45 capital punishment cases addressed to the Inter-American Commission on Human Rights while there were no capital punishment communications in the hands of the Human Rights Committee. At the national level, the State did not allow the condemned person to bring a constitutional motion against the State.
The latest figure of persons on death row in the country's prisons was 63 males and 4 females, the delegation said. In 1999, 10 persons were executed; and since then no executions were carried out as a result of petitions pending at international bodies such as the Inter-American Commission of Human Rights, where the majority of cases were now reaching seven years.
There were a series of remedies provided for individuals claiming reparations for violations of rights under the Covenant, the delegation said. Any individual claiming to be a victim of the violations by State authorities could lodge complaints to the high court and the court of appeal, while those affected by inferior courts could also bring their cases to higher instances. Labour disputes between workers and employees could also be brought before the country's industrial courts. In addition, the new equal opportunity act had provided remedy to discrimination on the ground of race, sex or social status.
The delegation said that existing measures for the compensation of victims of unlawful violent acts were currently being reviewed. Immediately after the conviction of any person for any offence, courts were empowered to order the offender to pay a sum of money by way of compensation for any loss or injury suffered by the applicant. The Government had recently enacted a criminal injuries act with the view to establish a system of State assistance for victims.
The practice of corporal punishment was inherited from the colonial era and perpetuated to date, the delegation said. Nevertheless, the whole situation was being reviewed as part of a package to implement the provisions of the Convention on the Rights of the Child. At present, corporal punishment was imposed on any male offender above the age of 16 on being convicted of offences of robbery with aggravation or rape, which required mandatory flogging. Flogging was ordered by courts as part of the punishment against the offender; and it was not inflicted on persons under sentence of death. The number of strokes to be inflicted was specified by the court and in most cases, it should not exceed 20. The court might, in lieu of flogging, order the offender to be whipped.
Trinidad and Tobago was faced with an increasing prison population which had prompted the Government to construct new facilities, the delegation said. The new maximum security prison was built to accommodate 2,100 inmates; and already 794 prisoners had been transferred from other crowed prisons. In order to tackle prison overcrowding, the Government was engaged in penal reforms. The law commission working on penal reform had already presented draft recommendations to the State authorities for their consideration.
Speedy trial for individuals was not guaranteed by the Constitution; however, a judge had the right to order it, the delegation said. A few years ago, a trial used to take three years before the court proceeding started. At present it only took two months.
Following the response of the delegation, several experts asked about such issues as corporal punishment, abortion, prison overcrowding, police brutality, the death penalty, guarantees for human rights defenders, and treatment of children in asylums, among other things.
Some experts regretted that Trinidad and Tobago had denounced the Optional Protocol on the grounds that an international decision emanating from the Human Rights Committee might undermine national judicial decisions. Several experts also regretted that the practice of flogging and whipping continued despite the country's claim that it was a colonial inheritance; and an expert asked about the impact on the Covenant if such practices were still in force. One expert commented that a prison which was intended to house about 100 prisoners was occupied by more than 1,000 inmates.
Shortly before the meeting was adjourned, the delegation said that it was the firm policy of Trinidad and Tobago to maintain corporal punishment against persons above the age of 18 years. Article 14 of the Covenant had provided rights to States parties to maintain such practices. However, the Government was contemplating a review of the whole situation.
Concerning the death penalty, the delegation said that the maintaining of the death penalty was related to national security and maintenance of pubic order. Although the Government was willing to review the provision of the death penalty, it would not be soon.
* *** *
70th session
17 October 2000
Morning
Experts Regret Maintenance of Capital and Corporal Punishments
The Human Rights Committee this morning started its consideration of the third and fourth periodic reports presented by Trinidad and Tobago. Experts queried the Government delegation on capital and corporal punishments, safeguards for arrested persons and guarantees for human rights defenders.
Introducing the report, Ramesh Lawrence Maharaj, Attorney-General and Minister of Legal Affairs of Trinidad and Tobago, said that his country might be small with a small population, but it had made a tremendous impact on the promotion of human and fundamental rights in the region and in the world.
Responding to questions prepared by Committee members, the delegation said that since the State had made reservations on capital matters, its denunciation of the Optional Protocol to the Covenant was on the basis that the Committee had no jurisdiction to receive communications from individuals on death row. However, the strict time limit had been relaxed on carrying out the death penalty; and the judicial authorities had also suspended any execution of death sentences while petitions were pending.
Over the course of the morning meeting, several experts regretted that capital punishment and the imposition of flogging were still maintained by the State.
The delegation of Trinidad and Tobago was made up of Christine Sookram, Permanent Secretary, Ministry of the Attorney-General and Legal Affairs; Mary-Ann Richards, Deputy Permanent Representative and Charge d'Affaires, Permanent Mission of Trinidad and Tobago; Peter J. Pursglove, Legal Consultant, and Debbie Sirjusingh, Deputy Director, Ministry of the Attorney-General and Legal Affairs; and Lauren Boodhoo, First Secretary, Permanent Mission of Trinidad and Tobago at Geneva.
As one of the 148 States parties to the Covenant, Trinidad and Tobago should submit periodic reports to the Committee to allow it to assess the human rights situation in that country and compliance with the provisions of the treaty.
The Committee will continue its consideration of the report of Trinidad and Tobago at 3 p.m.
Report of Trinidad and Tobago
The third and fourth periodic reports of Trinidad and Tobago (document CCPR/C/TTO/99/3) enumerate the measures undertaken by the State to comply with the provisions of the Covenant. The report says that the people of Trinidad and Tobago exercised their inalienable right to self-determination through the attainment of political independence from the United Kingdom in 1962. The right to join political parties and to express political views is expressly recognized by the Constitution.
The report says that the Government's economic policy is directed to the development of a robust and open market-driven economy; the Government was committed to actively encouraging foreign investment in the country. Despite the relaxing of criteria for capital investment in the petroleum sector, the Government retained ownership, leasing land and offshore acreage for a set period.
Further, the report notes that the rights recognized in the Covenant are largely reflected in the country's Constitution. However, there is no specific anti-discrimination provision in the Constitution. Trinidad and Tobago has signed the Optional Protocol to the Covenant, allowing the right of individual petition by those claiming to be victims of a breach of the Covenant, subject to a reservation in respect of persons under sentence of death.
Introduction of Reports
RAMESH LAWRENCE MAHARAJ, Attorney-General and Minister of Legal Affairs of Trinidad and Tobago, said his Government over the past five years had taken an active role in the implementation of United Nations conventions and resolutions that had bearing on the enjoyment of civil and political rights. The Government also took a leading role at the Rome Conference on the establishment of the International Criminal Court. It was the second State in the world to ratify the Statute of the Court; and it had introduced a bill to give effect to the Statute.
Mr. Maharaj said the success of the Government in the promotion of the rights contained in the Covenant was recognized in several reports showing that the Government's policies had resulted in the promotion of sustainable human development. In the United Nations Development Programme's Human Development Report 2000, Trinidad and Tobago had ranked at the end of 1999 number five among the developing countries and held a better ranking than the United States, the United Kingdom and Ireland in overcoming poverty.
The Government had taken steps to provide education for all at primary and secondary school levels and was providing such education free of charge, Mr. Maharaj continued to say. It had recently enacted legislation to set up a college of science technology and applied arts to establish tertiary level education responsive to community, national and regional needs.
Turning to the death penalty, Mr. Maharaj said that the Judicial Committee of the Privy Council in London was the final court of appeal in respect of any appeal relating to the death penalty. Since 1970, countries of the Caribbean region had been working towards the establishment of a Caribbean court of appeal and it was expected that the court would be set up soon with its seat in Trinidad and Tobago. In addition, the Government had recently passed a bill to the parliament to categorize the offense of murder into three categories, making only some of the charges punishable by death.
In conclusion, Mr. Maharaj said that his country might be small with a small population, but it had made a tremendous impact on the promotion of human and fundamental rights in the region and in the world.
Discussion
In response to written questions prepared by Committee experts in advance, the members of the delegation of Trinidad and Tobago said that the Government had denounced the Second Optional Protocol to the Covenant and the American Commission on Human Rights in matters concerning the death penalty. Since the State had made reservations on capital matters, its denunciation was on the basis that the Committee had no jurisdiction to receive communications from individuals on death row. However, the strict time limit had been relaxed on carrying out the death penalty.
The judicial authorities had also suspended any execution of death sentences while a petition was lodged by the person condemned to death, the delegation said. On the international level, there were 45 capital punishment cases addressed to the Inter-American Commission on Human Rights while there were no capital punishment communications in the hands of the Human Rights Committee. At the national level, the State did not allow the condemned person to bring a constitutional motion against the State.
The latest figure of persons on death row in the country's prisons was 63 males and 4 females, the delegation said. In 1999, 10 persons were executed; and since then no executions were carried out as a result of petitions pending at international bodies such as the Inter-American Commission of Human Rights, where the majority of cases were now reaching seven years.
There were a series of remedies provided for individuals claiming reparations for violations of rights under the Covenant, the delegation said. Any individual claiming to be a victim of the violations by State authorities could lodge complaints to the high court and the court of appeal, while those affected by inferior courts could also bring their cases to higher instances. Labour disputes between workers and employees could also be brought before the country's industrial courts. In addition, the new equal opportunity act had provided remedy to discrimination on the ground of race, sex or social status.
The delegation said that existing measures for the compensation of victims of unlawful violent acts were currently being reviewed. Immediately after the conviction of any person for any offence, courts were empowered to order the offender to pay a sum of money by way of compensation for any loss or injury suffered by the applicant. The Government had recently enacted a criminal injuries act with the view to establish a system of State assistance for victims.
The practice of corporal punishment was inherited from the colonial era and perpetuated to date, the delegation said. Nevertheless, the whole situation was being reviewed as part of a package to implement the provisions of the Convention on the Rights of the Child. At present, corporal punishment was imposed on any male offender above the age of 16 on being convicted of offences of robbery with aggravation or rape, which required mandatory flogging. Flogging was ordered by courts as part of the punishment against the offender; and it was not inflicted on persons under sentence of death. The number of strokes to be inflicted was specified by the court and in most cases, it should not exceed 20. The court might, in lieu of flogging, order the offender to be whipped.
Trinidad and Tobago was faced with an increasing prison population which had prompted the Government to construct new facilities, the delegation said. The new maximum security prison was built to accommodate 2,100 inmates; and already 794 prisoners had been transferred from other crowed prisons. In order to tackle prison overcrowding, the Government was engaged in penal reforms. The law commission working on penal reform had already presented draft recommendations to the State authorities for their consideration.
Speedy trial for individuals was not guaranteed by the Constitution; however, a judge had the right to order it, the delegation said. A few years ago, a trial used to take three years before the court proceeding started. At present it only took two months.
Following the response of the delegation, several experts asked about such issues as corporal punishment, abortion, prison overcrowding, police brutality, the death penalty, guarantees for human rights defenders, and treatment of children in asylums, among other things.
Some experts regretted that Trinidad and Tobago had denounced the Optional Protocol on the grounds that an international decision emanating from the Human Rights Committee might undermine national judicial decisions. Several experts also regretted that the practice of flogging and whipping continued despite the country's claim that it was a colonial inheritance; and an expert asked about the impact on the Covenant if such practices were still in force. One expert commented that a prison which was intended to house about 100 prisoners was occupied by more than 1,000 inmates.
Shortly before the meeting was adjourned, the delegation said that it was the firm policy of Trinidad and Tobago to maintain corporal punishment against persons above the age of 18 years. Article 14 of the Covenant had provided rights to States parties to maintain such practices. However, the Government was contemplating a review of the whole situation.
Concerning the death penalty, the delegation said that the maintaining of the death penalty was related to national security and maintenance of pubic order. Although the Government was willing to review the provision of the death penalty, it would not be soon.
* *** *