Amnesty hits TT

“Eighty-six people on death row, whose sentences were commuted to terms of imprisonment by the (Privy Council) in 2004, remained under sentence of death, as the Government apparently ignored the ruling.”

Not only had the Privy Council’s pardon not been applied said the report, but in addition it was of limited application, alluding to the fact it was a one-off judgment which did not apply to new deathrow inmates.

“The mandatory death penalty continued to be the only sentence available for those convicted of murder.”

The report said senior officials repeatedly expressed their intention to resume executions, since the last executions in Trinidad and Tobago in 1999.

Newsday understands that since the Privy Council’s reprieve, none of the 86 men has been moved from death row. In addition, none has received any notice of the commuting of their death sentence to life imprisonment.

The Privy Council remains Trinidad and Tobago’s highest court of appeal, as Parliament has failed to pass legislation to replace it as an appelate court by the Caribbean Court of Justice (CCJ).

Amnesty also complained about the treatment of Lester Pitman who was convicted of murder in 2004.

“In June, a warrant was issued for the execution of Lester Pitman, even though he had an appeal pending. He was later granted a stay of execution pending the outcome of appeals.”

The report noted, “Death sentences continued to be imposed and officials threatened to resume executions.”

Amnesty also criticised the conditions of local jails.

“Prison conditions remained poor and in some instances amounted to cruel, inhuman or degrading treatment.”

Conditions in places of detention caused grave concern to Amnesty.

“Overcrowding in prisons, remand centres and court cell blocks was rife. Conditions were often unsanitary and medical care was inadequate.” The report said that in particular, death row prisoners alleged that they were denied necessary medicines.

It noted, “Incidents of sexual assault in prison were allegedly frequent.” The report lamented that young offenders and people convicted of petty offences were reportedly held in crowded cells with prisoners convicted of serious offences.

The Police Service was criticised for reported abuses including unlawful killings, torture and ill-treatment. “At least 14 people were reportedly shot dead by police during 2005.”

The report cited 37-year-old Kevin Wallace who was shot dead by police in January 2005. “Eyewitnesses said that he was shot in the back as he tried to run away, and that police kicked him as he lay bleeding, before taking him to hospital.”

The report also noted that in August, 20-year-old Kendell Hamilton was shot dead by members of the Inter-Agency Task Force in Laventille.

“Police alleged that they fired in self-defence, but relatives claimed Kendell Hamilton was an innocent bystander. After community protests, police announced the death would be investigated.”

Amnesty noted that more than 10,000 people protested in October 2005 against the high rate of violent crime, adding: “There were reportedly 382 murders in 2005, out of a population of 1.3 million.”