Extent of Crime and Corruption in the Police Force

According to Freedom in the World 2003 and Country Reports on Human Rights Practices for 2003, corruption in the police force is prevalent in Trinidad and Tobago (Freedom House 2003; Country Reports 2003 25 Feb. 2004, Sec. 1.d). Freedom House added that the police corruption is usually related to drugs (2003).

According to Amnesty International (AI), between January and December 2002 there were reports of "[t]orture and ill-treatment" by the police (2003). There were also reports of alleged police harassment and abuse against citizens during 2003 (please see sections 1(a) and (d) of Country Reports 2003 25 Feb. 2004), including that which took place in the Laventille and Sea Lots suburbs of Port of Spain (ibid., Sec. 1.c; The Trinidad Guardian 13 May 2003). Two 2003 news articles reported that members of the police service had also been implicated in abduction cases (CMC 3 Jan. 2003; Inter Press Service 6 Mar. 2003). Also in 2003, an independent local newspaper reported that the Commissioner of Police, Hiton Guy, condemned those police officers who were leaking classified information about police plans to criminals (The Trinidad Guardian 19 May 2003).

In 2003 and 2004, several media articles reported on incidents of alleged police brutality and ill-treatment of citizens (ibid. 10 May 2003a; ibid. 10 May 2003b; ibid. 3 June 2003; CMC 9 Jan. 2004; ibid. 4 Apr. 2004; AP 3 Apr. 2004), while others reported on police shootings, which resulted in the deaths of civilians, and investigations into the circumstances surrounding the incidents (Country Reports 2003 25 Feb. 2004, Sec. 1.a; AP 26 Jan. 2004; CMC 26 Mar. 2004; AP 3 Apr. 2004).

Government Response to Police Crime and Corruption

The Police Complaints Authority of Trinidad and Tobago is an independent body responsible for receiving complaints concerning the conduct of police officers, monitoring the investigation of such complaints, deciding on whether disciplinary action is warranted, and, if it is warranted, determining the type of action that is deemed to be appropriate (Country Reports 2003 25 Feb. 2004, Sec. 1.d). However, according to Country Reports on Human Rights Practices for 2003, as of December 2003, the Authority's ability to dismiss officers was limited (ibid.).

The following information on the government's response to criminal activities and incidents of corruption committed by members of the police force was provided by the Permanent Secretary of the Ministry of the Attorney General of Trinidad and Tobago on 15 April 2004 in correspondence with the Research Directorate:

A bipartisan team led by the Prime Minister of Trinidad and Tobago and Leader of the Opposition was established in August 1999 to examine the police service and to determine ways of addressing the problems within, including police corruption and the investigation of such corruption. In conjunction with the establishment of the bipartisan team, a technical team that was mandated to work alongside it was appointed. The work of both teams resulted in a formal report that identified problems within the police service and proposed recommendations for legislative and administrative police reform. The legislative recommendations led to the drafting of four pieces of legislation, which, as of April 2004, had already been introduced in Parliament, but had not been passed.

The legislative measures are: The Constitution (Amendment) Bill, The Police Service Bill, The Police Service Regulations and The Police Complaints Authority Bill (Trinidad and Tobago 15 Apr. 2004). According to the Ministry of the Attorney General,

[t]he main purpose of the Constitution (Amendment) Bill is to amend the Constitution of Trinidad and Tobago by the abolition of the Police Service Commission and to provide for the establishment, composition and powers of the Police Management Authority.

The Bill additionally confers on the Commissioner of Police greater control and management of the Police Service.

The purpose of the Police Service Bill is to provide the legal structure to ensure a modern Police Service by consolidating, amending and revising the law relating to the Police Service.

The Bill further provides for the classification of the Police Service, the appointment, promotion, transfer, dismissal, and discipline of police officers, and generally provides for matters concerning the relationship between the State and the Police Service.

The Bill seeks to introduce new management structures of the Police Service to deal with modern realities.

The Police Service Regulations are specific regulations relating to the functioning of the Police Service and the workings of the Police Service Bill referred to earlier.

The Police Complaints Authority Bill has resulted from complaints over the years that the Police Complaints Authority, established in 1993, has been unable to perform efficiently and effectively in addressing complaints against Police Officers because of a lack of powers.

This Bill seeks to establish an independent body and to give to it the power to investigate serious misconduct, police corruption, criminal offences committed by police officers, and the conduct of any person connected with such matters, and to refer its finding to the Director of Public Prosecutions, the Police Management Authority, or the Commissioner of Police for appropriate action.

The existing Police Complaints Act 1993 will be repealed by the passage of this Bill (ibid., see also CMC 3 Nov. 2003).

The government is hopeful that once passed, these legislative measures will enable the police to deal more effectively with criminal activities and corruption within the police service (Trinidad and Tobago 15 Apr. 2004).

As regards the administrative recommendations made by the report of the technical and bipartisan teams, the Ministry of the Attorney General of Trinidad and Tobago indicated that the

...the Police Service has, in the interim, embarked upon a thorough reassessment of its administrative controls and procedures to more efficiently identify and address incidents of corruption and criminal activities within the Service.

Information gathering, data storage and training of police officers are but some of the targets of this ongoing administrative reassessment undertaken by the Police Service (ibid.).

Examples of Civil and Criminal Cases Against Police Officers

In July 2002, Kenton Sylvester was awarded approximately US $36,000 after filing a complaint against the police for breaking his arms, fracturing eight of his ribs and causing liver damage, after they mistakenly identified him as a member of an armed gang (AI 2003).

In March 2003, Inter Press Service reported that "in recent years" police officers had been charged with kidnapping, extortion, and murder with a service weapon (6 Mar. 2003). Specific information on the outcome of these charges could not be found by the Research Directorate among the sources consulted.

In December 2003, Selwyn Murray was awarded US $21,125 by the San Fernando High Court after Murray filed a complaint against the police for breaking six of his ribs and injuring his ankles, wrist, chest, forearm and lung, after they arrested him for alleged possession of marijuana and detained him for delinquent spousal maintenance payments (Country Reports 2003 25 Feb. 2004, Sec. 1.c).

In March 2004, Nicholas Leith, a police officer charged with the shooting of a 17-year-old girl in May 2000 in Diego Martin, was acquitted (Trinidad Express 16 Mar. 2004).

Protection Available to Witnesses Who Testify Against Members of the Police Force

According to the Ministry of the Attorney General, the Justice Protection Act, No. 78 of 2000 makes provision for the establishment of a Justice Protection Programme that provides for the protection of State witnesses and other persons (Trinidad and Tobago 15 Apr. 2004). Although the Act was Assented to on 27 October 2000, as of April 2004 it had not yet been Proclaimed and was therefore not in operation as of that date (ibid.). As of April 2004, the government was in the process of preparing the regulations for the functioning of the Justice Protection Programme (ibid.). Once the regulations are completed and approved by Parliament, the Act will be put into effect (ibid.).

Until the Act comes into effect, the Ministry of the Attorney General indicated, there are measures in place, which are collaboratively employed by the Police Service and the Office of the Director of Public Prosecutions, for protecting state witnesses in all matters, including in cases against police officers (ibid.). However, the Ministry did not specify the type of measures that are in place.

Additional information on the protection available to witnesses who testify against members of the police service could not be found by the Research Directorate among the sources consulted.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 2003. "Trinidad and Tobago." Amnesty International Report 2003. http://web.amnesty.org/report2003/tto-summary-eng/$FILE/trinidad_and_tobago.pdf [Accessed 19 Apr. 2004]