CCPR/C/58/Add.6 page 132
Article 13
22. The Immigration and Passport Act provides for "removal orders", but this order may be made only by a magistrate. An alien recently found guilty in Montserrat of possessing narcotic drugs was made to leave the country after sufficient time had been given for this purpose. Recourse to a "removal order" was not made. Provision is made for appeals which have a suspensive effect on "removal orders".
23.
Article 14
All are equal before the law. All residents in Montserrat speak the English language. The size of the territory makes it easy for accused persons to obtain legal assistance from the Bar, which remains vigilant in its protection of individual liberty. The crime rate is low and offences committed are not grave in nature.
The judicial system provides for appeals to the Eastern Caribbean Court of Appeal and ultimately to the Judicial Committee of the Privy Council.
24.
Article 15
25. Montserrat has never passed any law allowing a person to be held guilty of a crime where the act or omission did not constitute a criminal offence at the time when it was committed.
26.
Article 17
The right to privacy is a qualified right under Montserrat law. Where the law permits infringement, e.g. the power to enter and inspect premises, then the exercise of such power is challengeable in the courts. The honour and reputation of individuals are protected by the common law.
27. At the meeting to discuss the United Kingdom's second report on its dependent territories, it was asked what kind of personal data could be stored on computers and who could hold such information (CCPR/C/SR.857, para. 31). Computers are only now being introduced into Montserrat and the need for legislation to protect the security of personal data has not as yet arisen.
Article 18
28.
There is freedom of thought, conscience and religion. Although religious instruction is given in schools, parents are allowed to withdraw their children from religious instruction and religious observances and such children will not be under any disadvantage (sect. 27, Education Ordinance, chap. 132). Religious organizations are freely incorporated. there is provision under the Marriage Ordinance for registration of places of public Christian worship (sect. 16, chap. 299). Religious organizations are given exemption from custom duties for the import of goods necessary for their
purpose.