Beruflich Dokumente
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2012
OF
P#e$a#ed fo# la%in& befo#e the "enate of Belize and the House of Re$#esentati'es $u#suant to "ection ()*(+ of the Ombudsman Act, No, - of .//0
TABLE OF !ONTENTS
O BU!" AN1" 4O PLA5NT "U "PE45AL REPORT" 5NFOR AL 4O PLA5NT" FEE!BA46 HOW TO A6E A 4O PLA5NT E""A2E AR5E" 3 / .( .0 .7 .3 ../
4O PLA5NT PRO4E"" O BU!" AN A4T THE UN58ER"AL !E4LARAT5ON OF HU AN R52HT" ./)0 HU AN R52HT" TREAT5E" AN! BEL59E "TAFF AN! OPEN5N2 HOUR" APPEN!5: ; "TAT5"T54" (( (0 (7
Ref: #%ARO.B%" 1#
/on* .arco 0ech 0resident of the 1enate 2ational Assembly Belmo3an 4ear .r* 0resident, I have the honour to present the Ombudsmans Annual Report which covers the period of January 1, 2012 to ecember !1, 2012" #he report is submitted in accordance with $ection 2%&2' of the Ombudsman Act, (h" ) of the *aws, which states+ , The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.
Res3ectfully,
Ref: $%ARO.B%" 1#
/on* .i7e 0eyreffite 13ea7er of the /ouse of Re3resentati8es The 2ational Assembly Belmo3an 4ear .r* 13ea7er, I have the honour to present the Ombudsmans Annual Report which covers the period of January 1 2012 to ecember !1 2012" #he report is submitted in accordance with $ection 2%&2' of the Ombudsman Act, (h" ) of the *aws, which states+ , The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions. Res3ectfully,
OMBUDSMAN%S MESSA&E
-very year the Ombudsman uses this opportunity to convey the .oals and aspirations of the Office for the reportin. period" Apart from commentin. on the statistical data for the reportin. period, the Ombudsman ta/es the opportunity to comment on matters he believes are relevant to the mana.ement of his office and matters of public importance" #he year 2012 has been challen.in. at the Office of the Ombudsman because there was no substantively appointed Ombudsman for one calendar year" Althou.h 0r" Ian 1ray performed the duties of the Ombudsman durin. that period, he had no ostensible authority to do so and subse2uently support and public perception dwindled" 3evertheless, it is because of 0r" 1rays unwaverin. commitment to duty that the office was able to function in the interim until the new Ombudsman was appointed" All the statistics we herein report are fruits from 0r" 1rays hard wor/ and dedication durin. the twelve months that he performed the duties of the Ombudsman with support from 0s" #rina *i4ama and 0r" (larence $lusher Jr" I ta/e this opportunity to than/ 0r" Ian 1ray for the leadership he provided and to commend the dedication and support of 0s" *i4ama and 0r" $lusher durin. the interim period at the Ombudsman Office" I loo/ forward to a better period of wor/ in 201! and reassure the public that the Office is bac/ on trac/ and is ready and able to serve you dili.ently"
Fo#mal 4ases
/-
5nfo#mal 4ases
4ases closed
((
A7
POLI!E DEPARTMENT !a0e 30# A 4a%o !ist#ict #esident made a com$laint at the Office of the Ombudsman that cente#ed on alle&ations of To#tu#e and B#utalit% b% Office#s f#om the "an 5&nacio To<n Police Fo#mation, The 4om$lainant alle&ed that the Office# 4ommandin& the "an 5&nacio To<n Police, "u$t, ood% and othe# office#s beat and to#tu#ed he# son <hilst he <as in thei# custod%, The alle&ation of To#tu#e stemmed f#om the claim that "u$t, ood% stated that edico Le&al Fo#mB the com$lainant claims he
he $#o'ided the detainee <ith a <as ne'e# allo<ed this #i&ht, !a0e $6$
A Belize !ist#ict #esident made a com$laint at the Office of the Ombudsman that cente#ed on alle&ations of To#tu#e and B#utalit% b% Office#s f#om the Lad%'ille Police Fo#mation, 4om$lainant claimed that a $olice "e#&eant allo<ed a $#i'ate citizen to beat him at the Police "tation <hile unde# $olice custod%, Anothe# 4om$lainant claimed that $olice office#s ille&all% confiscated his $#o$e#t% and <ilfull% #efused to #etu#n it e'en afte# he $#o'ided $#oof of o<ne#shi$, The#e ha'e been man% com$laints of this natu#e about the Lad%'ille Police, !a0e 306 A Belize !ist#ict #esident made a com$laint at the Office of the Ombudsman that cente#ed on alle&ations of Ne&li&ence and alicious P#osecution because he <as a##ested and cha#&ed fo# A&&#a'ated Assault <ith a Fi#ea#m, He claimed that his a##est <as due to mista=en identit%, The 'ictim late# 'isited the Office of the Ombudsman to ma=e a statement that she belie'ed she <as a##ested in e##o#, The cha#&es <e#e ne'e# <ithd#a<n b% $olice, The $olice office# <as <#itten to on se'e#al occasions and failed to #e$l% on the matte#,
Spe*'al Report0
STREET &AN& ; <IOLATION OF HUMAN RI&HTS The#e a#e as man% as a dozen st#eet &an&s that o$e#ate in Belize 4it%, Belize, <hich hosts a $o$ulation of a$$#o>imatel% one hund#ed thousand $e#sons, The com$lainants <e#e membe#s of o# associates of a Belize 4it% "outh "ide st#eet &an& =no<n as the Ta%lo#1s Alle% 2an&, The% sou&ht the assistance of the Ombudsman1s Office on the ((nd a#ch, (D.( afte# the% alle&ed that a team of Police Office#s accosted, assaulted and b#utalized them fo# no a$$a#ent #eason, The com$lainants <e#e f#ust#ated and unsu#e ho< thei# claim <ould be handled since the#e <as much unce#taint% as the% had lod&ed nume#ous com$laints o'e# the %ea#s and had #ecei'ed 'e#% limited o# no satisfaction, The fou#teen com$lainants alle&ed that althou&h the% su##ende#ed and full% coo$e#ated at the #eEuest of the Police Office#s, the% <e#e ne'e#theless beaten me#cilessl%, The abused &an& membe#s included t<o females, Acco#din& to the com$lainants, on the (.st a#ch, (D.( at about .D@DD $m, thi#t% to thi#t%;fi'e combined membe#s of the Belize Police !e$a#tment *"$ecial B#anchB 2an& "u$$#ession Unit *2"U+B Anti;!#u& Unit *A!U++ and the Belize !efence Fo#ce *B!F+, a ?oint s$ecial mission <as launched to cu#tail the co'e#t o$e#ations of all st#eet &an& acti'ities afte# se'e#al innocent citizens <e#e shot and =illed in the st#eets of Belize 4it%, The Fs$ecial o$e#ation1 lasted fo# a$$#o>imatel% one hou#, F#om the ((nd a#ch, (D.(, the com$lainants be&an to submit thei# <#itten com$laints to the Office of the Ombudsman and the Police 5nte#nal Affai#s !i'ision *5A!+ no< P#ofessional "tanda#d B#anch *P"B+, To su$$o#t thei# claims, the% submitted e'idence such as Le&al edico Fo#ms, :;Ra%s and <#itten medical $#o&nosis of the bu#ns, b#uises, lace#ations, f#actu#es and dislocations inflicted at the hands of the ?oint tas= fo#ce, The e%e<itnesses1 #e$o#ts ch#onicled that the com$lainants of the Ta%lo#1s Alle% 2an& <e#e made to lie do<n on thei# stomachs in a ci#cle befo#e the administ#ation of the $unishment stated, Attestations b% e%e<itnesses and &an& membe#s claimed that about si>teen Police Office#s $a#tici$ated in the assault, The B!F membe#s <ho <e#e a $a#t of the o$e#ation onl% $#o'ided co'e# and $#otection fo# the Police, The#e <e#e no #e$o#ted alle&ations a&ainst the B!F Office#s, The to#tu#e, batte#% and assault of the detained $e#sons <e#e a$$lied <ith =ic=s, $unches, lashed <ith batons and flashli&hts, stun &uns, cold <ate# and stic=s,
2012 Annual Report Pa e 10
., Those <ho <ilfull% committed the <#on&s <e#e #ecommended to be mo'ed f#om the s$ecialized unitsB (, Fu#the# t#ainin& in la< and $#ocedu#e fo# s$ecialized unitsB and A, Tho#ou&h #e'ie< of the c#ite#ia fo# membe#s of s$ecialized units <ould be conducted, The t#ibunal found that conductin& the hea#in&s and d#a<in& a conclusion amounted to a difficult balancin& e>e#cise since the $ublic inte#est <as =e$t in mind, 4onside#ation <as $laced on both $a#ties, 5f the Police <e#e not $enalized and allo<ed to continue thei# #ec=less manne#, it <ould ne&ati'el% im$act on $ublic $e#ce$tion and thus $ublic confidence <ould be lost, 4on'e#sel%, if the decision came do<n on the side of the 2an& embe#s, it <ould &i'e the im$#ession to them that thei# acti'ities <e#e acce$table, The balance <as not to &#ant total a$$#o'al to eithe# $a#t%, but to st#i=e a delicate medium and #esto#e $ublic confidence, Ou# Police Office#s a#e <o#=in& ha#d unde# e>t#eme conditions and it <ould dam$en thei# s$i#its if the% <e#e not offe#ed some encou#a&ement des$ite the Ta%lo#1s Alle% incident, "ince the decision of 0 th
2012 Annual Report Pa e 11
In1or-al !o-pla'nt0
A Belize 4it% #esident 'isited the Ombudsman1s Office to obtain a lette# of &#atuit% fo# his deceased son1s estate@ i. He needed the letter of gratuity in order for the letters of Administration of Estate to be granted. ii. The Legal Officer of the day rote and obtained a copy of the letter of gratuity. iii. The matter as considered closed. A Belize 4it% #esident 'isited the Ombudsman1s Office to com$lain that althou&h an o#de# fo# the collection of a##ea#s <as issued a&ainst the com$lainant1s e>;common;la<, the Bailiff <as not ma=in& sufficient effo#t to a$$#ehend him@ i. ii. The then Legal Officer contacted the !irector of the "amily #ourt ho assisted in ha$ing the committal arrant ser$ed. The matter as considered closed.
A Belize 4it% #esident com$lained that he# son <as <#on&full% cha#&ed <ith a&&#a'ated assault, "he su&&ested the !PP should d#o$ the cha#&es because of the lac= of F$#ima facie1 e'idence@ i. The Legal Officer at the time called the !%% ho later rote and stated she ould not be inclined to drop the charges because of the seriousness of the nature of the offense. The complainant as informed they ould need to retain the ser$ices of an attorney. The matter as considered closed.
ii. iii.
A Belize 4it% <oman 'isited the office of the Ombudsman com$lainant that social <o#=e#s <e#e not bein& fai# to he# and <as $#e?udicin& he# in #e&a#ds to $#oducin& a fai# #e$o#t of he# bac=;&#ound chec= and that this <as affectin& $#oceedin& ne&ati'el% at the Famil% 4ou#t@ i. ii. iii. i$. The Legal Officer of the time called the !irector ho decided to ha$e the #ourts o n in$estigator do an e$aluation. The e$aluation !epartment. as consistent ith that of the Human &er$ices
The complainant as informed of the findings. #omplainant as ad$ised that if she as not satisfied ith the decision of the court, that she had a right to appeal to the &upreme #ourt of 'eli(e. The matter as considered closed.
$.
A Belize 4it% #esident 'isited the Ombudsman1s Office to com$lain that he# son <as bein& th#eatened b% a "u$e#intendent <ho 'isited the $#ison@ i. The Legal Officer of the time called the #EO and &uperintendent of the 'eli(e #entral %rison )*olbe "oundation+ ho confirmed that the &uperintendent did $isit on the day in ,uestion. There as no e$idence ho e$er to pro$e the threat as made nor as there any forthcoming itnesses. The matter as brought to the attention of the then #ommissioner ho agreed to assist in monitoring the de$elopments.
ii. iii.
Fee/.a*=
F#om time to time $eo$le <#ite to the Office of the Ombudsman to e>$#ess thei# &#atitude fo# the hel$ $#o'ided, Amon& the co##es$ondences <e #ecei'ed in (D.( <e#e the follo<in& $ositi'e comments@
-. ant to sincerely than/ you for the time you spent...0 -. hereby than/ the Office of the Ombudsman... 1ay 2od continue to bless your office.0 -3our professionalism and concern is greatly appreciated.0 -Than/ you again for loo/ing into this matter and ta/ing the time to hear about this truly unbelie$able matter.0 -. am hea$enly than/ful for your help...0 -%lease continue and than/s for your help...my daughter ill be happy hen she gets the good ne s...0
The Office of the Ombudsman, Belize The Ombudsman and his staff a#e al<a%s $leased to #ecei'e feedbac= f#om an%one <ho has sou&ht the assistance of the office, "end an email to ombudsmanGbtl,net o# <#ite to us at /. F#eeto<n Road, Belize 4it%, Belize !ist#ict
!o-pla'nt Pro*e00
Wr'tten@Oral *o-pla'nt re*e'Ae/ .4 O-.u/0-an Ombudsman #e'ie<s com$laint, dete#mines if matte# can be in'esti&ated and, if so, th#ou&h <hich office the com$laint should be handled, De*'/e0 to InAe0t' ate De*'/e0 not to 'nAe0t' ate
Not'*e o1 'nAe0t' at'on 0ent to Depart-ent or or an'0at'on *on*erne/+ Re$o#t and info#mation #ecei'ed f#om !e$a#tment o# o#&anisation, ate#ial assessed b% in'esti&atin& office# and Ombudsman as info#mation is obtained, ProA'0'onal A'e> 1or-e/ .4 t9e O-.u/0-an+ !o-pla'nt '0 0u0ta'ne/+ !o-pla'nt '0 not 0u0ta'ne/+
!o--ent0 re*e'Ae/ an/ *on0'/ere/ .4 t9e O-.u/0-an+ T9e O-.u/0-an 1or-0 a 1'nal op'n'on on t9e *o-pla'nt an/ a/A'0e0 t9e *o-pla'nant an/ t9e Depart-ent or Or an'0at'on *on*erne/+
ma% in'esti&ate <he#e he has #easonable cause to belie'e that an autho#it% has been &uilt% of co##u$tion o# <#on&doin& o# an% $e#son ma% ha'e sustained in?ustice, in?u#% o# abuse as a #esult of an% action ta=en b% an autho#it%, shall not be $#ecluded f#om in'esti&atin& an% matte# <he#e it is o$en to the com$lainant to a$$l% to the "u$#eme 4ou#t fo# #ed#ess fo# cont#a'ention of $#o'isions fo# the $#otection of fundamental #i&hts and f#eedoms, Se*t'on 1" ma% in'esti&ate on his o<n initiati'e o# on a com$laint made to him, Se*t'on 1# ma% hea# com$laints made b% an% $e#son o# bod% of $e#sons but com$laints made b% an autho#it%, Se*t'on 1$ ma% #efuse to unde#ta=e an in'esti&ation if he belie'es ; the com$laint is t#i'ial ; the com$laint is f#i'olous ; the com$lainant has been defe##ed fo# too lon&
2012 Annual Report Pa e 16
Art'*le 10 E'e#%one is entitled in full eEualit% to a fai# and $ublic hea#in& b% an inde$endent and im$a#tial t#ibunal,
Art'*le 17 E'e#%one has the #i&ht to o<n $#o$e#t% and $ossessions, Art'*le 16 E'e#%one has the #i&ht to f#eedom of thou&ht, conscience and #eli&ion, Art'*le 18 E'e#%one has the #i&ht to f#eedom of o$inion and e>$#ession, Art'*le 20 E'e#%one has the #i&ht to assembl% and association, Art'*le 21 E'e#%one has the #i&ht to ta=e $a#t in the &o'e#nment of his count#%, di#ectl% o# th#ou&h f#eel% chosen #e$#esentati'es, Art'*le 22 E'e#%one has the #i&ht to social secu#it% and is entitled to economic, social and cultu#al #i&hts, Art'*le 2" E'e#%one has the #i&ht to <o#=, the #i&ht to eEual $a% fo# eEual <o#= and the #i&ht to a decent income and <o#=in& conditions, E'e#%one also has the #i&ht to fo#m and to ?oin t#ade unions, Art'*le 2# E'e#%one has the #i&ht to #est and leisu#e, Art'*le 2$ E'e#%one has the #i&ht to a standa#d of li'in& adeEuate fo# the health and <ell;bein& of himself and of his famil%, includin& food, clothin&, housin& and medical ca#e and necessa#% social se#'ices, Art'*le 23 E'e#%one has the #i&ht to education, Education shall be f#ee, at least in the elementa#% and fundamental sta&es,
2012 Annual Report Pa e 21
2n/ Ma4 18805 Brat'1'e/C 13t9 Ma4 18805 10t Fe.ruar4 18835
10t9 Dune 18835 3t9 Septe-.er 20005 1#t9 NoAe-.er 20015 1#t9 NoAe-.er 20015
The#e a#e also a numbe# of human #i&hts t#eaties Belize has %et to si&n o# #atif% that a#e &i'en belo< in o#de# that the% <e#e o$ened fo# si&natu#e b% the UN@ 13t9 De*e-.er 18335 23t9 NoAe-.er 18365 Optional %rotocol to the .nternational #o$enant on #i$il and %olitical 8ights #on$ention on the non>applicability of statutory limitations to ar crimes and crimes against humanity? &econd Optional %rotocol to the .nternational #o$enant on #i$il and %olitical 8ights, aiming at the abolition of the death penalty Optional %rotocol to the #on$ention against Torture and Other #ruel, .nhuman or !egrading Treatment or %unishment Optional %rotocol to the #on$ention on the 8ights of %ersons ith !isabilities Optional %rotocol to the .nternational #o$enant on Economic, &ocial and #ultural 8ights
5t is su&&ested that iniste#s should $ush fo# the #atification of the t#eaties abo'e in o#de# to continue to fu#the# Belize1s #e$utation as a bastion of #i&hts $#otection, Fu#the#mo#e, it is also su&&ested that Belize full% #atif% the 5nte#national 4o'enant of Economic "ocial and 4ultu#al Ri&hts *54E"R+, Once it has been #atified and im$lemented into Belizean la<, citizens <ill be able to full% benefit f#om its $#otection,
STAFF
OMBUDSMAN LE&AL OFFI!ER IN<ESTI&ATOR ,<OLUNTARE2 SE!RETARE <a*ant Mr+ Ian &ra4 Mr+ !laren*e D+ Slu09er) Dr+ M'00+ Tr'na L'(a-a
5n o#de# to su$$lement ou# small staff <e attem$ted to de'elo$ #elationshi$s <ith othe# 'olunta#% o#&anizations, Amon& the most successful <as the #elationshi$ that de'elo$ed <ith 4hallen&es Wo#ld<ide, a Non;P#ofit O#&anization based in Edinbu#&h, "cotland, The% sent se'e#al 'oluntee#s <ith a bac=&#ound in la< to the office fo# $e#iods of at least th#ee months, Thei# hel$ <as 'e#% much a$$#eciated, Also, ou# a$$#eciation &oes out to ou# "ec#eta#% <ho <o#=ed ti#elessl% accountin& fo# the hi&hl% $#i'ile&ed documents and items and &oin& be%ond the call of dut% to account fo# such thin&s, to #, 5an 2#a%, the $#e'ious Le&al Office# fo# =ee$in& the functions of the office &oin& and ou# o<n 'olunta#% 5n'esti&ato#, <ho im$#essi'el% built *$#o&#ammed+ ou# <ebsite ane<, inte#$#eted com$laints f#om "$anish;s$ea=in& com$lainants, ca##ied out the com$ute# technician1s #ole f#eel% and assisted us in settin& u$ ou# Faceboo= account@ O-.u/0-an !onta*t Deta'l05 htt$@JJ<<<,faceboo=,comJOPJ$#ofile,$h$HidQ.DDDDAA)()./)0A, Tel5 22"?"$8# or 22"?"186 Fa:5 22"?"186 E-a'l5 o-.u/0-anF.tl+net MONDAE ; FRIDAE
2012 Annual Report Pa e 2$
Re0olut'on o1 !o-pla'nt0
1" 1 1 2 0 0 1 0 0 0 1 0 2 0 1 0 1 0 0 1 0 0 2
22 1 1 1 1 0 0 2 1 0 0 2 1 0 1 0 1 1 0 0 2 1 1
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