Amnesty Int’l Renews Call For Abolition Of Corporal Punishment:
By Candia Dames -
Nassau, Bahamas:
Amnesty International has renewed its call for The Bahamas to abolish corporal punishment, saying it opposes torture or other cruel, inhuman or degrading treatment or punishment of all prisoners without exception.
"What we’re asking certainly at this stage is that this sentence not be carried out," said R. E. Barnes, the international human rights group’s representative in The Bahamas.
He was referring to the recent decision by Justice Jon Isaacs who sentenced Alutus Newbold to 16 years in prison with four strokes of the rod when he enters prison and four upon his release.
Mr. Barnes said Wednesday; "We understand that there’s a period of about three weeks in which the prisoner has the right to appeal and we hope that is going forward and that the court will overturn the sentence in the legal system. Beyond that, we believe The Bahamas has to look at this sentence as a violation of Article 17 of the Constitution of The Bahamas which declares that no person shall be subjected to torture or inhumane or degrading treatment or punishment."
He said The Bahamas would be in violation of international human rights laws if it were to administer flogging.
"So we find this a variation of the law here [and it’s] something that needs to be looked at very seriously for both its legality and moral usage," Mr. Barnes said.
Earlier this month, Justice Isaacs sentenced Newbold for burglary, attempted rape and causing harm, after an attack on an 83-year-old woman in her home in Cat Island in 2004.
"Corporal punishment is in direct contravention of Article 5 of the Universal Declaration of Human Rights, which states ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,’" Amnesty said in a statement.
Amnesty International recommends that its partners take immediate action by sending appeals to Prime Minister Perry Christie and Attorney General Allyson Mayanrd-Gibson as quickly as possible expressing concern that Alutus Newbold has reportedly been ordered whipped with the rod, which would constitute torture and cruel, inhuman and degrading punishment, and calling for this punishment to be dropped.
But Amnesty wants to make it clear that its opposition to the infliction of corporal punishment upon Newbold in no way implies a lack of sympathy for the victim of his crime or detraction from the seriousness of the crime.
In its release, Amnesty says that corporal punishment was abolished in 1984 in The Bahamas, but was reinstated in 1991 for specific offences. According to Bahamian law, sentences of flogging cannot exceed 24 strokes, while sentences of whipping are for a maximum of 12 strokes.
The Bahamas made a unilateral declaration against torture and other cruel, inhuman or degrading treatment or punishment at the United Nations in September 1981.
The 1991 amendment to the law allowing corporal punishment seems contrary to this voluntary act, Amnesty International said.
Opposition to Justice Isaacs’ ruling has also come from other quarters.
On Monday night, Anglican Archbishop Drexel Gomez in his charge at the opening of the Anglican Synod also expressed alarm over the ruling.
He called for the country to abolish or discontinue the use of what he called cruel and inhuman forms of punishment, which had been formally outlawed by the 1963 constitution.
"Quite apart from the stated government policy of penal rehabilitation, it is simply unchristian for us to inflict any form of barbarity upon human beings," Archbishop Gomez said.
"Rehabilitation is the compassionate Christian response to the communal challenge on crime. The traditional secular over-emphasis of punishment has contributed to recidivism and the spiraling increase of violence in our community. We therefore call on all persons to exercise compassion and mercy even unto those whom we think are undeserving."
26 October 2006
bahamian law
