CCPR/C/58/Add.6 page 148
Article 7
13.
In 1988, the United Kingdom ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The ratification was extended to the Turks and Caicos Islands.
Article 8
14.
Further to the information previously provided, it is now reported that:
(a) The Courts continue to have the power, and to use it, to pass sentences of imprisonment with hard labour. In practice, this involves tasks such as cutting back scrub (bushes) on government land, clearing up public areas by picking up rubbish, and similar cleaning work. Prisoners are not given tasks which would benefit private individuals or which would or might be injurious to their health. The prisoners regard such opportunities to be out of the prison as welcome privileges;
(b) The Employment Ordinance 1988 creates a legally enforceable remedy for a person unfairly dismissed to be reinstated in his or her employment. This is an option available to an employee and does not derogate from the position previously stated, that specific performance of a labour contract will not be ordered.
15.
Article 9
Local laws and the Constitution continue to safeguard the rights contained in the Covenant and they are enforced by the Attorney-General of the territory and by the Resident Magistrate and the Chief Justice. There have been cases, believed (in the absence of reliable statistics) to be no more than about eight, during the period March 1988 to August 1989, in which the court has rejected evidence of alleged confessions on the grounds that they were made involuntarily, including failure to advise an accused person of his rights to an adequate extent.
16. There have been no successful actions for damages for wrongful detention.
17.
There has been one isolated case of a police officer who struck a person in custody. The injury was minor and it is anticipated that compensation will be paid.
The police officer was prosecuted, pleaded guilty and was fined $US 500. He was dismissed from the force.
Article 10
18.
Her Majesty's Chief Inspector of Prisons in England and Wales, His Honour Judge Tumin, carried out an inspection of the territory's prison and penal system between 28 February and 3 March 1989. He subsequently made a written report containing recommendations which it is anticipated will be implemented, subject to availability of funds.
19.
Since that visit, the Chief Secretary, in his capacity as governor of the prison, goes to the prison each week and receives comments and complaints from prisoners and staff. There are also regular visits by a medical officer.
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