IN THE INTER AMERICAN COURT OF HUMAN RIGHTS
REPORT ON THE CONDITIONS OF DETENTION IN TRINIDAD ANO TOBAGO
PRISON CONDITIONS
This report is based on personal experience and observation. interviews with prisoners on death
row, informal discussions with prison personnel, media and other releases by the Prison Officers'
Association. and newspaper reports and commentaries. The report focuses on conditions at the
State Prison, Port of Spain and at the Golden Grove Prison, Arouea.
The Pñson System
1.
THE PORT OF SPAlN STATE PRISON
1.1
The Port of Spain Prison is located in the city of Port of Spain. It is a male prison and was
built in 1812 to acco.mmodate 175 inmates in single cells. At present the prison population is
between 700 and 800. Of these. just over 70 are on death row. The remainder comprises
inmates on remand and others serving prison sentences for various offences. The number
of inmates housed at the Port of Spain prison has decreased since the Maximum Security
Prison at Golden Grove eame into operation. In the years immediately prior to \his, the
prison population at the Port of Spain Prison rose to 1300 or more. (Appendix 1).
-
1.2
AII male prisoners sentenced to death are detained on death row at the Port of Spain prison.
The execution chamber is also located at this prison.
1.3
Persons charged with murder where the offence was committed in Trinidad are remanded
either at the Port of Spain Prison or the Golden Grove Prison depending on the magisterial
district where the alleged offence was committed. The magisterial district where \he offence
was committed determines whether the trial (if any) will take place at the Port of Spain or
San Fernando High Court, the two High Courts in Trinidad. Generally, if the offence was
committed in a southern magisterial district, the trial will be heard in the San Fernando High
Court. In this ease the inmate will usually be detained at the Golden Grove Prison until
conviction. If the offence was committed in a Northern, Eastem or Central magisterial
district, the trial will usually be heard before the Port of Spain Assizes, and the inmate will be
detained at the Port of Spain Prison until committal to stand trial, whereupon he will be
transferred to the Golden Grove Prison. He will usually be brought back to the Port of Spain
Prison for the tria!. However, if the matter comes up for trial but is adjourned, the in mate will
be returned to the Golden Grove Prison.
2.
THE GOLDEN GROVE PRISON.
2.1
This was established in 1947 and is located some 25 kilometres east of the Port of Spain
State Prison. The only female prison in Trinidad and Tobago is at this location. There is also
a male prison.
2.2
Femafe persons convicted of murder are held on death row at the female prison and females
on charges of murder are also remanded at this prison.
2.3
As noted earlier, males charged wilh murder, where the alleged offence was committed in a
Southern magisterial district of Trinidad, will usually be remanded at the Golden Grove
Prison until conviction.
ARoueA.
,
"
. -,"
'-¡-"<',,"
-23.
THE TOBAGO PRISON
3.1
This is a male remand prison only. Males on eharges of murder where lhe offence was
eommilted in Tobago are heId here until conviction.
4.
CARRERA CONVlCT PRISON
4.1
This is a male prison for convicted persons only.
5.
MAXlMUM SECURITY PRISON, GOLDEN GROVE, ARoueA.
5.1
This is located at Golden Grove, although not at lhe same location as lhe Golden Grove
Prison. It was built to accommodate 2100. It began operating some lhree years ago and has
some 400 inmates at lhe present time.
ACCESS TO PRlSONERS
6.
OEATH ROW INMATEs'"AT THE PORT OF SPAlN PRISON - General procedure
6.1
The name(s) of the prisoner(s) whom the altomey wishes to visit is given to lhe prison officer
(referred to as the gatekeeper) stationed just inside the main prison gates. The gatekeeper
eommunicates this inforrnation via telephone to the Supervisor's office which is the offiee
responsible for faeililaling lhe altorney's visil. If the prisoner is required lo swear an affidavit,
this inforrnation together wilh the name of the aeeompanying Commissioner of Affidavits is
also communicated to the Supervisor's office. The inforrnation given lo the gatekeeper is
required lo be recorded in lhe daily log of persons enlering and leaving lhe prison. At times,
the inforrnation is wrilten on a loose sheel of paper, presumably to be enlered in the log once
the visit actually takes place.
6.2
There is frequently a long delay before lhe altorney is allowed lo see lhe clien!. Prior lo
2001, lhe average wailing period was generally one and a half lo two hours and a delay of
two hours or more was nol uneommon. (Appendix 11). However, during lhe pasl year, some
effort has been made lo reduce lhis delay. The attomey is required lo wail in a covered bul
olherwise open area adjacenl lo lhe galekeeper's office. Olher persons such as Justices of
lhe Peace and lheir clienls are also accommodaled in lhis area. A wooden bench which
seals aboul six persons is lhe only forrn of sealing accommodalion provided. The wailing
area also faces a male loilel which, unlil il was fixed aboul four monlhs ago. gave off a very
offensive smell.
6.3
A visil lo a dealh row inmale has lo be supervised by a senior prison officer (a Prison
Officer 11 ("PO 11")) logelher wilh a junior prison officer (a Prison Officer 1). The unavailability
of Prison Officers 11 appears to be lhe main reason for lhe delays and lhis is often lhe reason
advanced. In addilion lo supervising attomeys' visils. PO lis are required lo supervise all
activilies of dealh row inmales including airing, visils lo the prison infirrnary, hospilal visils,
family visils and eourt attendances. There is however asevere shortage of PO lis al lhe Port
of Spain Prison. 11 has been suggesled lhal a high rale of absenleeism exacerbales lhe
problem.
6.4
Anolher bul perhaps less importanl reason for delays is lhal generally nol more lhan one
attorney visil is allowed allhe same lime and attomeys are required lo wail lheir lurn. Prior
lo 2001 a shortage of handcuffs also conlribuled lo lhe delays bul lhis no longer appears lo
be lhe case.
L1802lL1LJRl1182319.01
..:
._.___ r . • •
'., "...,.. :-,;'! :..
•... ,.
-:
.~--
-36.5
Prior notice of an ¡ntended visit to a death row prisoner may be communicated verbally or in
writing. However, since the start of 2001, there appears to be a strict requirement for written
notice for the swearing of an affidavit by an inmate on death row. Prior notice may or may
not reduce the delay.
6.6
The attorney's visit takes place in a small interview room located on the ground f100r of one
of the sections of the prison. The prisoner remains in a totally enclosed area within the
interview room and communication is through a perforated hard plastic barrier covered with
a metal mesh. The room is very poorIy ventilated and consequently hot and uncomfortable.
These conditions become worse in the aftemoon when the hot sun enters the room directly
through the open door. Inmates are hot and uncomfortable during interviews and often
sweat profusely throughout. Their space is cramped and they also remain handcuffed
throughout the interview.
6.7
Communication through the perforated plastic barrier is difficult. 80th the attomey and the
inmate are forced to speak in loud tones in order to be heard clear1y. However, the prison
rules require that officers supervising the visit remain within sight and hearing and officers
remain about two to three feet away. Many inmates find it difficult to speak freely in the
presence of the officers and are especially unwilling to disclose the full extent of their prison
conditions for fear of victimisation. They also appear to be unwilling to speak about their
treatment whjle detained at the remand section of the Golden Grove Prison. In addition, the
prison poljcy whereby copies of all documents, jncluding Affidavits signed by a death row
jnmate, are required to be kept on his file also prevent jnmates from giving full instructions
about their prison conditions for fear of victimisalion.
6.8
In theory, no limit is placed on the length of the visit except that attomeys and other visitors
are not permitted to remain in the prison beyond a specified time. Nevertheless, one
remains conscious of the fact that prison officers who supervise the visits must remain
standing throughout the interview and, not unsurprisingly, their impatience may become
evident if the interview is lengthy.
7.
PRISON CONDlTIONS
Port of Spain Prison
7.1
The pre and post-trial prison conditions of persons on death row at the Port of Spain Prison
fall woefully short of intemationally accepted minimum standards. Interviews conducted with
death row jnmates, personal observation, media reports and commentaries and releases
issued by the Prison Officers Association support this contenlion. The physical working
environment of the prison officers is, in most inslances, the same physical environment of the
jnmates and complaints aboul their workplace conditions are also relevanl to the inmates.
(Appendix 11I).
Death Row
7.2
Attorneys are not permitted to visit death row and hence a greal deal of reliance is placed on
the jnformalion provjded by lhe inmales lhemselves. There is one exceplion and lhis relates
to the reading of a death warranl, in which case all inlerviews between the inmate and his
attomey lake place in lhe seclion of death row where the execulion chamber is localed.
Observalion of lhe physical conditions of lhat seclion is possible during such meetings.
7.3
Inlerviews have been conducted by lhe wriler with over seventy dealh row inmales (including
those viclims in the presenl applicalion whose righls under Articles 5(1) and 5(2) of the
L1B02ILlLJRl1182319.01
--------_.---------_
...
".',
'
,
',:: .. ,\"', \:.,'"
,,'.-,
'"
"":"':",
-4Convention have been violated regarding their pre and post-trial prison conditions. In many
cases. muttiple interviews were conducted over an extended periad of several months to one
year or more afterwards. This allowed for the veracity of accounts of prison conditions given
eartier to be tested during the Jater interviews.
7.4
Accounts given by death row inmates of their general conditions of detention on death row
were highly consistent. Variations in descriptions tended to be related to conditions peculiar
to the inmate.
Airlng
7.5
The findings of the first instance judge in the case of Darren Roger Thomas and confirmed
in the Privy Council decision of Thomas and Hilaire correspond with accounts of victims in
the present application. Subsequent to the Thomas decision the situation regarding airing
improved and inmates on death row reported being aired for up lo 4 times a week. However,
this situation lasted for only a few months. Thereafter, airing was less frequent and varied
between one to three. times a week. Airings are at all times recorded in the Occurrence Book
and whether inmates are given airing, as required by the Prison Rules, can be verified from
the records. The reason for reduction in the frequency of airing post Thomas appears lo be
unavaílability of staff, in particular, PO lis.
Ventilation
7.6
Inmates on death row have consistently complained that the cells on death row are poorty
ventilated and as a result are extremely hot and uncomfortable. The vents on the outer wall
of those death row cells which face the prison courtyard are observed to be small, and given
the layout and design of the prison, are unlikely to provide much ventilation. In light of the
generally hot and uncomfortable conditions experienced in the outer and inner waiting areas
of the prison, it is not difficult to accept that the hot conditions of death row prisoners who
must remain in their cells for up to 23 hours or more each day are indeed oppressive.
lighting
7.7
Very little natural light enters the cells of inmates on death row. As a result, and
notwithstanding the fact lhat f1uorescent Iights lacated just outside lhe cells are kept on
24 hours, lhe cells remain dark and gloomy during the day. Celis in lhe section of death row
where lhe execution chamber is lacated were observed to be very dull and gloomy. It was
difficult to see at the back of lhe cells and the inmates could only be seen clearly if lhey were
standing at the front of the cel!. Observations made during a brief visit to anolher section of
death row revealed those ce lis to be even darker.
7.8
The f1uorescent lights, which are kept on 24 hours, affect lhe inmates' ability to sleep and lhe
heat emitted by lhe lights exacerbate the already hot conditions of the cells.
Food
7.9
Most of the inmates on death row interviewed have complained about the poor quality of the
food. Three meals are served: breakfast generally consists of buttered rolls served with
weak tea; lunch consists of a small helping of chicken or meat served with what inmates
describe as "peas water" (a watery version of peas) and rice; and the third mear which is
served at about 3.00 - 3.30 pm, is more or less similar to breakfast. Inmates have frequently
complained of the "rotten" food which is served to them and of cats' hairs, 'roaches and other
insects in the meals, particularly lunch. During visits to the prison, cats have been observed
to be roaming on the prison compound and running on the roof of the prison. A Special
LIB02lL1LJRl1182319.01
",
"',
"
',' ...
-5Information Circular issued in November 2000 by lhe Prisons Officers' Association states lhat
"we conlinue to see lhe infestalion of cats. rats. roaches. etc at all lhe inslitutions (prisons)"
and details incidents of infestalion. A page 3 arlicle of lhe November 11. 2000 edilion of lhe
Newsday repeats lhis asserlion which has not challenged by lhe aulhorities. (Appendix IV).
Water
7.10
,'-'
Prior lo lhe installation of new plastic water tanks at lhe Port of Spain prison over two years
ago, water was supplied to lhe seclions on dealh row from rusted tanks and inmates
repeatedly complained that the water was heavily rusted and consequently a brown colour.
In lhis condilion. lhe water was undrinkable. In addilion. lhe pipe-bome supply to lhe tanks
was frequently cut off and lhis somelimes occurred for periods of up to two days or more. On
lhese occasions. lhe tanks would be filled by truck-bome water. This caused lhe rust in lhe
tanks lo be agitated and made the water opaque brown and impossible lo drink. On
occasions delivery of lhe truck-bome waler was delayed and drinking waler would be
dislributed from an open large vessel brought to lhe various sections of death row. The
siluation of heavily rtlSted water has been remedied since lhe installation of lhe plaslic tanks.
However. the main supply continues to be disrupted on occasions and the prison then has to
rely on a truck-bome supply.
Sanitation and hygiene
7.11
There are no proper toilet facilities. Inmates are provided with a plastic bucket (slop pail) for
this purpose. AII inmates interviewed have complained that to be forced to use a slop pail is
both humiliating and degrading. The pail has to be used in the cell and no privacy is afforded
the prisoners. In order to be able to use the pail in private, inmates may tie a sheet across
the front of the cell. However, the sheet may be removed by the prison officers on duty.
7.12
Slop pails are emptied twice a day and this coincides with lhe changing shifts of prison
officers on duty in lhe section. The pail is emptied once in the moming and once in the
aftemoon. about 2.00 lo 3.00 pm. The pails are nol emplied again until lhe following
moming. During those periods when lhe water supply is cut off and lhe truck-bome supply is
delayed, inmates are eilher unable to empty their pails or the pails are emplied but not
washed. Inmates have consistently complained that the smell which emanates from their
slop pails is unbearable. The stench also permeates documents which are kept in their cells.
7.13
Death row inmates are allowed approximately 15 minutes in the moming to empty their slop
pail, filllheir quota of drinking water (usually two 1Y:z litre plaslic bottles) and have a shower.
This takes place in a bathroom located at the extreme end of the particular dealh row seetion
and is their only access to running water. Because they are locked in their cells for up to
23 hours or more, further activities requiring the use of water such as lhe washing of hands
and brushing of leeth have to done over the slop pail which may contain human urine and
faeces.
,-..
•
Exercise
7.14
There is no provision for formal exercise. ¡nmates may however choose to walk during the
times they are given airing. Inmales remain handcuffed during airing and have complained
that the airing area is small and tends to be crowded making even walking difficult. In
addition, toilets are siluated c10se lo the airing area and lhe smell emanaling from the toilets
is unpleasant.
LIB02lL1LJRl1182319.01
o~o
o.
oC.o·.,'
.'
-68.
HEALTH
Medica!
8.1
A prison doctor visils lhe Port of Spain prison on a daily basis lo adminisler lo lhe enlire
prison populalion. The doctor attends lo prisoners in lhe prison infirmary. Physical
examinalion of the inmale rarely occurs, as lhe inmate is required lo stand some distance
away from lhe doclor. Having regard lo dealh row, infirmary officers are required lo visil
dealh row inmales lwice each day lo adminisler prescribed medicalion and medicalion for
headaches and olher minor pajns and iIInesses and lo record requests lo see lhe doctor,
denlisl or oplomelrist. However, these requesls are nol granled roulinely bul appear lo
depend on the recommendation of the infirmary officer. Inmales have frequently complained
lhal only if lheir condition appears to be serious, or if lhe inmale's London solicilors have
written to lhe Commissioner of Prisons on lheir behalf, would doctor visits be facilitaled or
facilitated expediliously. Inmales make frequenl complaints to the Ombudsman aOOut lheir
prison condilions, including lhe lack of medical attenlion. (Appendix V). Contact wilh lhe
prison doctor also occurs when he makes rounds on death row, which tends lo be every two
lo lhree monlhs for each section on death row.
8.2
Follow up specialist treatment including x-rays, blood tesIs elc is usually at lhe Port of Spain
General Hospital which is less lhan 1 km away, or al lhe Eric Williams Medical Complex (the
Mounl Hopa Hospital) which is aboul 10-12 km from lhe prison. There are frequenlly long
delays before lhe inmale is taken for recommended follow-up lreatment or invesligation and
lhis is due to unavailability of staft or lack of transport or OOlh. Inmates complain that
scheduled appointmenls to attend c1inics at lhe Port of Spain General Hospital are often
missed because of shortage of slaft.
8.3
Psychiatric examinations, on the prison recommendation of the prison doctor, are conducted
by psychiatrists attached lo the St Ann's Hospital (a state psychialric hospital). There are
very lew practising forensic psychialrists in Trinidad and Tobago and their availability is
Iimited.
8.4
There have been many reports of an increase in communicable diseases wilhin the prison.
The circular issued by the Prison Officers Association in November 2000 stales thal "we
continue to see Tuberculosis, Small-pox, (sic), Meningitis, HIV/AIDS invading our prison
system ". In the September 23"', 1999 edilion of the Express newspaper, it was reported lhat
Tuberculosis was rampant in lhe prisons. Some prisoners on dealh row have been tested for
TB but others have complained that lhey have not been lested despite repeated requests lo
be lesled. (Appendix VI).
,~
,
Dental
8.5
A dentist visils lhe Port of Spain prison twice per monlh to administer to lhe dental needs of
the entire prison population. The denlist performs extractions only and lhese lend lo be
serious cases. Dealh row prisoners requiring early dental treatment to avoid later extractions
and painful abscesses must rely on their family to pay for such trealment. The process is
lengthy and attended by much delay and may eventually result in deterioration of the
condilion of lhe looth to lhe extent lhat extractions are unavoidable. In many cases, relatives
of inmales are unable to aftord lhe cost 01 prevenlative treatmenl and deterioralion is
inevitable once toolh decay seIs in. Infirmary officers ofter painkillers for pain resulting from
severe tooth decay but this provides lemporary reliel only. Emergency cases are trealed at
the Port of Spain General Hospital.
•
L1B02IL lLJRl1182319.01
-7-
Optlcal
8.6
Eye examinations for deteriorating eyesight, or any other form of optical treatment, is not
provided by the prison authorities. Relatives are usually required to pay before hand for an
eye examination at a private optometrist and for the cost of glasses if these are
recommended. The prison aulhorities make lhe arrangements for lhe visit to lhe optometrist
and lhis process can take several monlhs. Further deterioration of lhe inmate's eyesight may
occur as a result of the delay in making lhese arrangements.
9.
THE ExECUTIOH CHAMBER
9.1
Execution is by hanging and lhere is one execution chamber which is located at lhe Port of
Spain Prison. The execution chamber is on lhe upper f100r of the prison and located In the
section of death row referred to as "F2". The door through which the bodies of hanged
prisoners are laken out is on the lower f100r of lhe prison and faces lhe prison courtyard. The
door can be seen from lhe vents of lhose dealh row cells which face the courtyard.
9.2
There are several sections on dealh row, each of which houses about twenty inmates.
Inmates do not remain in lhe same section on dealh row but are randomly rolated to olher
seetions (including lhe F2 section) during their time on dealh row. The time spent in any one
section varies but usually lasts several months or more. As a result many death row inmates
including the present applicants have spent time in the F2 seetion. Some inmates are placed
in the F2 section immediately upon conviction to get them acquainted with the execution
chamber (as they have reported), notwithstanding that their matters are being appealed and
there is lhe possibility that lhey may be acquitted or a lesser sentence substituted.
9.3
The shower and toilet in lhe F2 section are located close to lhe execution chamber and each
moming inmates in F2 must pass close to lhe door of lhe execution chamber on lheir way to
the shower and toilet. Inmates who have spent time in F2 have all reported being mentally
and psychologically tortured by being in such c10se proximity to the execution chamber. In
addition, prison guards sometimes mimic "cut throat" gestures to them which only serve to
increase the mental torture.
9.4
Hangings during 1999
(a)
During lhe period 4 to 7 June, 1999, nine prisoners on dealh row at the Port of Spain
Prison were hanged. Three hangings were carried out on each of the three momings
of lhe 4 th , 5th and 7th of June 1999, between lhe hours of 6.00 and 9.00. A further
hanging took place several weeks laler. The hangings caused death row inmates
severe mental torture and anguish. Subsequent interviews with dealh row inmates
revealed that they were lerrified and unable to sleep or eat properly. The mood on
death row had changed and had become very depressing. Uncertainty as to whether
there would be further hangings after Ihe nine prisoners were hanged fuelled by
intense speculation in the media caused dealh row inmates even further mental·
anguish.
(b)
The death warrants were read lo the prisoners while in their cells and were heard by
inmates in nearby cells. The pre-execution procedures which followed such as lhe
periodic weighing of Ihe prisoner and the lesting of the trap door in the execution
chamber, conlinued over a period of several days and were witnessed and/or heard
by many prisoners on dealh row, including many of the present applicants. The loud
noise made by the trap door at the momenl Ihe body fell through could be heard by
rT]any inmates on dealh row. Sorne dealh row prisoners also witnessed bloodied
L1B02lL1LJRl1182319.01
· '.' - .. ").l.'·'. " " -.' ...". ..... .....
~·"·:.:.1·;~-;'· .~',
-8-
eoffins being canied out of the exeeution chamber. Graphie photographs of the
eoffins stained with the blood of the hanged prisoners were eanied on the front page
of the Newsday newspaper and were seen by dealh row inmates.
(e)
The olher prisoners in lhe F2 seclion were removed during the actual executions.
However, lhey were brought baek lo the F2 seetion shortly after lhe hangings and
found it extremely difficult to deal with lhe faet lhat they were in sueh close proximity
with the exeeution ehamber where prisoners whom they knew had recently been
hanged. They reported being unable to sleep properly and having reeuning
nightmares.
(d)
AII dealh row inmates interviewed subsequent to lhe hangings reported being tenified
and mentally tortured by lhe hangings and lhe pre-execulion procedures and being
unable to sleep properly for long periods afterwards.
(e)
Prison offieers, as widely reported in lhe media were also traumatised by the
hangings and required eounselling. The entire mood of lhe prison during the period
following the hangings had ehanged and had become quile sombre. Indeed, lhe
entire society appeared lo be lraumatised by lhe hangings. Some attomeys found it
diffieult to visit lhe prison in the aftermalh of lhe hangings. (Appendix VII).
10.
OEATH Row- GOLDEN GROVE PRISON, AROUeA
10.1
Females eonvieted of murder are herd here. At presenl there are six women on death row
heId in individual cells and in general lhe number rarely exceeds·1 O. A new women's prison
was buill jusI over ayear ago and dealh row prisoners are housed in the new prison.
10.2
Notwilhstanding lhe construetíon of a new women's prison, no proper loilel facilities have
been provided and female death row inmales eonlinue lo use a plaslie pail provided for lhis
purpose. The pail is emplied twiee a day.
10.3
Inmates are generally very hesilanl lo diseuss lheir prison conditions in lhe presence of
prison offieers. They have comprained however aOOut lhe poor qualily of lhe food, lhe laek of
exereise and of not reeeiving lheir mail or of lengthy delays in getling lheir mail. They have
also comprained that they are nol allowed any confidentíality whenever lhere is an
investigation of a eomplaint by lhe Offiee of lhe Ombudsman and feel inlimidaled by lhe
presenee of a usually senior offieer during interviews wilh the person invesligating the
eomprain!.
11.
REMAND CONDITIONS
11.1
Por! of Spain State Prison- Remand Conditions
(a)
The eonditions of prisoners on remand at the Port of Spain Prison and whieh were
experieneed by manyof the applieants are both inhuman and degrading.
(b)
Extreme overerowding has been a problem of the remand seetíon of the Port of Spain
Prison for several years and eontinues to be criticar problem. The average number of
prisoners detained in a single eell of dimensions of aOOut 10ft x 9ft hovers around 12
and lhis can rise to up lo 14 -16 persons during lhe week-end when lhere is usually a
dramatie inerease in the remand population. The number of eells at the Port of Spain
prison is fixed (175) and as sueh, the greater the number of persons on death row,
the more extreme the overerowding in the convieted and remand seetions. During
1997 and 1998 the number of persons on death row exeeeded 100 and the number
LlB02/L1LJRl1182319.01
,
-,- -'_.. -•• ~ ••¡...',-,...•. ---
. _ ;,-,.,.- ..
..
-9of inmates at the Port of Spain prison during those years exeeeded 1300. (Appendlx
VIII).
(e)
The Maximum Security Prison at Arouca was intended to relieve the extreme
overcrowding at lhe Port of Spain Prison. However lhat prison has been operating at
less than half of its capacity and has not relieved to any large extent lhe overcrowding
at the Port of Spain Prison.
(d)
Sleeping facilities in lhe remand seetion at the Port of Spain Prison are woefully
inadequate. One double bunk is provided in lhe cell and there have been reports of
cells with no bunks. As a result, most of lhe detainees on remand are forced to sleep
on lhe concrete floor of lhe cell either on pieces of lhin wom carpet or on a lhin sheet
supplied by relatives. Dealh row inmates have described lhe sleeping arrangements
experienced on remand at the Port of Spain prison as being "jammed like sardines".
Some inmates have reported that at times they were forced to stand during the nights
due to a laek of spaee and for fear of being sexuallyattaeked.
(e)
There is also laek of proper ventilation in lhe remand cells whieh are eonsequently
very hot and uncomfortable. The hot conditions are exacerbated by lhe overcrowding
in the cells. Prisoners on remand at lhe Port of Spain Prison remain locked in lheir
cells for up to 23 hours or more. They are given no formal exercise and are allowed
out of their eells for a brief period in the momings to have a "bath" (whieh means
being sprayed with waterfrom a fire hose) and to collect their breakfast.
(f)
The facilities provided for hygiene and sanitation are humiliating and degrading to the
detainees on remando A single plastiG slop pail is provided for the use of all lhe
detainees in a cell. The pail is emptied twice a day. As a result of lhe lack of proper
toilet facilities and lhe provision of only one pail for lhe use of as many as 10-16 or
more men. many detainees on remand are forced to defecate on newspapers or
plastie bags and dispose of this in the eorridor which is at the front of the cells. The
Prison Association has complained lhat prison officers are forced to walk in human
filth. Death row inmates have also complained lhat lhey were forced urinate in plastic
bottles because the slop pail was always overflowing. The result of lhe lack of toilet
facilities and the measures to which prisoners on remand must have resort in order to
relieve lhemselves eonstant offensive stench, pervades lhe remand seetion at lhe
port of Spain Prison and this often extends to the rest of the prison.
(g)
Access to the prison doctor and dentist is extremely limited for prisoners on remand
and only serious cases receive attention.
(h)
Death row in mates have repeatedly indicated lhat it was futile to complain about their
prison conditions or harsh treatment while on remand since the complaints were
rarely pursued or taken seriously.
•
11.2
Golden Grave Male Prison. (Appendix IX)
(a)
Conditions on remand at lhe Golden Grove male prison are more or less similar to
those experienced on remand at the Port of Spain Prison except lhat the
overcrowding is slighlly less acute. Celis of dimensions of approximately 9ft x 6ft are
shared by up to seven or eight prisoners. Sleeping facilities are inadequate wilh only
one double bunk in each cell. Consequently many inmates are foreed to sleep on the
floor on a thin piece of worn carpet which is never cleaned or on a thin sheet if
provided by relatives. Cells are poorly ventilated and are hot and comfortable. lights
LlB02IL1URl1182319.01
,~~~_.;.~
-- .
.......-,_._----_.,."
~y
.- -- -
.
---- -'. --
",
• 10may be kept on all night and lhis affects lhe inmates' ability to sleep. A single plastic
pail is provided for use as a loilel by all lhe detainees in lhe cell. The pail is emptied
twice a day. Shower facilities and washing sinks for lhe large number of prisoners on
remand are also limiled. Prisoners remain locked up in lheir cells for up 10 23 hours
or more and have no access to a sink or other fonn of running water and are forced
lo wash their hands or brush their leeth over the slop pail. No fonn of fonnal exercise
or olher recreation is provided. Access to a doctor or dentist is extremely Iimited.
There is one prison doctor for lhe entire prison population at Golden Grove. Only
emergency dental cases get treated. The foOO is of poor quality.
,/ '
,
12.
(b)
Many inmates on dealh row have alluded to violent treatment meted out lo them by
prison officers while on remand at the Golden Grove Prison but have generally been
reluctant lo disclose full details of lhe violence for fear of victimisation. They also felt
at lhe time lhat it was Mi/e to /odge complaints since lhese were rare/y pursued. It
may be noted however lhat lhere have been media reports which allude to prison
beatings at the Male Prison at Golden Grove, Arouca. (Appendix X).
(c)
Complaints, if made, were usually verbal, and inmales had no way of knowing
whelher a wrilten record of lhe complaint was kept. Even in cases where lhe inmate
had lo be hospitalised, as was lhe case with one of lhe present applicants, there
appears lo be no wrilten record of the incident. Hearings inlo violenl incidents are
infonnal and generally tum on the queslion of whose evidence is to be believed. The
inmate's evidence would rare/y, if ever, be accepted, as they have indicated. Vio/ent
attacks and fighls between inmales would usually be quelled by lhe sounding of the
alann and beatings wilh long batons carried by officers who rush to the scene.
CONCLUSION
The conditions of detention in both the State Prison, Port of Spain and Golden Grove in
Arouca, exhibil serious deficiencies ranging from overcrowding lhrough lo poor sanitary
conditions. These circumstances lead lo an increased Iikelihood of disease and illness and
medical services are insufficienllo deal with basic medical complainls. The absence of even
minimum resource from by lhe Slale is lhe main cause of lhese deficiencies. Given lhe
circumslances iIIuslraled above, I believe, lhere is serious cause for concern.
Gaietry Pargass
Privy Council Officer
Date: 14 January 2002
L1B02/L1LJRl1182319.01