7
22.
The State reported that the victims Lennox Ricardo Boyce, Jeffrey Joseph, and
Michael McDonald Huggins are being detained in “a new purpose-built, state-of-the-art
prison at Dodds, St. Philip,” and that none are currently being detained “on ‘death row.’”11
At this new facility, prisoners have cells outfitted with space,12 natural and fluorescent light,
ventilation, and “a combined lavatory/water closet and sink.” According to the State,
privacy is ensured through “partitioned toilet facilities.” Prisoners also receive “time out of
their cells for exercise and other activities, on average 3 hours per day, as well as a
minimum of 15 minutes a month for visitations by family and friends. [In addition, all]
inmates are provided with [means for] contact[ing] others, including letters, access to
stationary[,] and other writing materials.” Finally, the State indicated that neither Glendairy
Prison nor Harrison's Point Temporary Prison is being used to house prisoners. The State
attached a copy of a report from the Superintendent of Prisons to the Office of the Attorney
General, in which the former provided details on the conditions at the prison at Dodds.
23.
The representatives noted differences between the report of the State and the report
of the Superintendent of Prisons (supra Considering clause 22) regarding the time that
prisoners are allowed for exercise out of their cells and for visits from family and friends.13
They also expressed concern that the latter Report indicated that temporary solitary
confinement is used for mentally disturbed prisoners.
24.
The Commission observed that “in general and prima facie, the new prison would
ensure better prison conditions” for the victims. However, the Commission also noted
discrepancies between the State’s report and that of the Superintendent of Prisons (supra
Considering clause 22) with respect to the time that the prisoners allegedly receive for
exercise and visitation. It therefore indicated that “It would be helpful if the State would
clarify these discrepancies in its next report.” Furthermore, the Commission requested that
the Court order the State to provide more information on the “Prison Rules 1978 Caption
168 Subsidiary Legislation of the Constitution of Barbados,” which, according to the
Superintendent of Prisons’s Report, guides the treatment of prisoners.
25.
From the information provided by the parties, the Court notes that the victims in the
Boyce case have been transferred to a new, purpose-built prison where they will have a
measure of personal privacy, proper lavatory facilities, access to natural light, a daily
exercise regime, and visitation with family and friends at regular intervals, and that none
are currently being held on “death row.” In that regard, the Court notes that the State has
complied with a fundamental part of this measure of reparation. However, given that the
information presented by the State differs from that provided in the report of the
Superintendent of Prisons with respect to some points, and given that Mr. Michael McDonald
Huggins's sentence was commuted to life in prison, it is necessary that the State submit
complementary information to the Court on such matters as the amount of time provided to
prisoners for exercise on a daily basis and for visitation with family and friends, as well as
any other matter that the State considers relevant to the Tribunal's evaluation of its
11
Frederick Benjamin Atkins, who had been transferred to Harrison’s Point Prison on June 18, 2005, died in
a hospital on October 30, 2005, due to an illness. Cf. Case of Boyce et al. v. Barbados. Preliminary Objection,
Merits, Reparations, and Costs, supra note 7, para. 95.
12
Single cells measure 13’ 4”, 7’ 2”, and 8’ 3.5” (LWH) and dormitories measure 50’, 16’ 1”, and 9’ 9.5”
(LWH).
13
The Superintendent of Prisons's report indicates that “Inmates are given daily one hour exercise in the
open air[,] weather permitting[;] however, this could be reduced to half [an] hour in special circumstances. In
addition, there [are] also Day-Room Facilities on remand, minimum and medium housing accommodation, which
allows for additional recreation [sic].” Additionally, the report states that prisoners are allowed “fifteen (15)
minutes visitations by family and friends per week, or month, as well as visits (no time stipulated) by lawyers or
consulate [sic].”