Friday, May 7, 2021
THE case of Joseph Amihere is not the first time we have seen the failings of the Immigration system come into the spotlight.
When Douglas Ngumi was locked away for six and a half years unlawfully, the paltry compensation he received from this country was $641,950 in damages.
Mr Ngumi’s case was largely unchallenged, with government lawyers not calling witnesses or producing evidence.
Not only was he locked away illegally for such a long time, he told of how he was abused at the detention centre, stripped naked, handcuffed under a table, and beaten repeatedly with a PVC pipe. He told of tear gas being used on detainees.
When it came to determining how much Mr Ngumi deserved as compensation for more than six years of his life being snatched away unlawfully, part of the calculation was how much he might have expected to earn per day had he not been locked up.
But this wasn’t a job that Mr Ngumi had. He didn’t apply to be locked up and ask a certain wage. It’s also grossly inequitable – does a rich man get a greater compensation than a poor one for being locked up illegally?
We wrote in November last year how there wasn’t enough of a punishment in the compensation award to stop this from happening again.
Essentially, Mr Ngumi just ended up being paid a salary, which is nowhere near enough to stop the failings of the system from being repeated. Indeed, it doesn’t even bring those to account who were in charge of the system that allowed this to happen.
Which brings us to the case of Mr Amihere.
His lawyer, Fred Smith QC, is seeking damages of $10.6m for illegally detaining Mr Amihere for nearly seven years at the Carmichael Road Detention Centre.
Again, during the time at the centre, we have heard stories of poor treatment including physical, psychological and emotional abuse.
A total of $1m of the damages being sought is for exemplary damages – in other words, making an example of the case to try to prevent a repeat.
Mr Smith called it appropriate to send a “lightning rod of a financial message” to the government that such crimes could not continue.
That’s what these are – crimes. Crimes in which people’s liberty is taken away with no serious consequences for those responsible.
They are far from isolated cases too – as well as Mr Ngumi and Mr Amihere, we might mention Matthew Sewell, locked up for nine years and nine months despite never being convicted of a single crime. Or Atain Takitota, locked up from 1991 to 2004 and initially only awarded a mere $1,000 in damages, later raised on appeal to $500,000 plus costs.
We also wrote in November of the need for an independent probe into the allegations of abuse, to find out who was responsible for the beatings and the tear gas. Where is that?
Time and again, this newspaper has reported on abuses in the Immigration system that have seen people locked up unlawfully and suffer brutal treatment while in detention.
Would you accept that if it were a member of your family? What would be the value of a year of your life taken away unlawfully, with you brutalised in custody before finally being tossed back out onto the street after fighting for your freedom?
If we simply pay out the cost of hiring someone, how is that ever going to stop this from happening again? Indeed, how do we know it isn’t happening to someone else right now?
There must be a reckoning.
Keep Mom safe
It is Mother’s Day this weekend and we wish mothers across the country a very happy – and safe – day.
As much as there might be a temptation to hold large gatherings to pay respects to our mothers, we are not yet out of the woods when it comes to COVID-19.
So hold off the large get-together, break out the Zoom call. Drop off the flowers and the chocolates and wave safely from a distance to ensure you’re not dropping off the virus at the same time.
We all want to make the most of these wonderful women in our lives, but let’s do it safely. And if you haven’t signed up for your vaccination yet, go and do so – it’ll bring those large family get-togethers closer to being a regular part of our lives once again.
Comments
John says...
*> Not only was he locked away illegally
> for such a long time, he told of how
> he was abused at the detention centre,
> stripped naked, handcuffed under a
> table, and beaten repeatedly with a
> PVC pipe. He told of tear gas being
> used on detainees.<
How many young, Bahamian men suffered similar fate under the force of Bahamian police? They were dragged out of their warm beds and homes in the middle of the night, beaten and otherwise physically and verbally abused, kept in police custody for days, being denied food snd medical assistance. Some were lucky enough to be released, beaten and broken, but to never be the same. Others were charged with offenses they will have to spend years and thousands of dollars defending. Some just gave up and submitted to the duo of injustice. To spend months or years even, in prison. And they didn’t even receive a ‘paltry $641,000.00’. In fact some were released from prison only to be executed within a matter of hours. The system is very broken. Yes sir, massa, sir! Time to see individuals brought up on charges and made to explain their actions! Touch one, touch everyone!
Posted 8 May 2021, 4:38 a.m. Suggest removal
sheeprunner12 says...
Who is this fool who is masquerading as the Editor of the Tribune??? ........ Is this person a real Bahamian, with an inkling of how our socio-cultural reality has evolved over the past 60 years??? ............. Or is he/she "working" for Fred Smith aka the Haitian Immigrant Lover??????
I cry shame of this insulting, tone deaf, and misleading "editorial" ........... The Bahamas is for Bahamians.
BAHAMIANS FIRST
Posted 8 May 2021, 10:06 a.m. Suggest removal
tribanon says...
Amen!
Posted 8 May 2021, 11:45 a.m. Suggest removal
hrysippus says...
What a timely editorial, a state slips into authoritarianism gradually, step by step the abuses meted out by state employees to the citizens increase until one day people wake up to what is happening and by then it can be too late. The editor is maintaining the long tradition of The Tribune of standing up against injustice.
Posted 8 May 2021, 1:25 p.m. Suggest removal
sheeprunner12 says...
Yet .......... millions of refusgees and illegal immigrants are held in limbo in the great USA ........... and Europe, SE Asia, and in offshore detention islands in Australia ........ But UN wants to browbeat 242 over 5-10 cases???
Posted 8 May 2021, 5:02 p.m. Suggest removal
islandgirl says...
You do realize that the Bahamas became a member of the United Nations on 18 Sept 1973? By doing so, they agreed to abide by the tenants and rules set forth by the United Nations, one of which is to Protect Human Rights. Whether it is false imprisonment or the destruction of shanty towns, the Bahamas is subjected to the same scrutiny as they give to other countries who belong to the United Nations.
Posted 9 May 2021, 10:15 a.m. Suggest removal
tribanon says...
Are you kidding?! Give all of us law abiding Bahamians a break. When was the last time you saw such scrutiny or concern being expressed in 'a threatening way' by the UN to either the US or Communist China with respect to their well publicized instances of human rights abuses?
Posted 10 May 2021, 11:38 a.m. Suggest removal
birdiestrachan says...
Shantytowns or houses are against the laws of the Bahamas. It has nothing to do with Human
Rights. Their employer should see to proper housing for them if necessary.
Proper housing should come with their work permit.
Posted 10 May 2021, 1:39 p.m. Suggest removal
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