20By Courtenay BarnettMon, Oct 01, 2018

(An analysis in three parts: – historical – international – domestic – on the TCI’s approach to mental illness)

Part 111- Domestic: In the previous article in this trilogy, I made reference to ‘The Colonial Context’. For, how else does a Governor act in direct contradiction of what UK law declares illegal and unacceptable, as do the binding dictates of international law, in treating a prison for convicted criminals as a ‘secure place’ for the care and proper treatment of mentally ill persons? This final article explains the depth of such administrative depravity.

The problem is threefold. First, disinterest on the British side; current local judicial indifference at the highest level; and – governmental laxness.

In 2009, I completed a study of Her Majesty’s Prison entitled:-

“ Prison and penal reform in the Turks and Caicos Islands: a position paper for improvement in the prison system”

This was published and sent directly to the Secretary of State. Further, His Excellency the Governor was provided a copy as was then Chief Justice, Mr. Gordon Ward, and the local judiciary. In consequence of having read the paper, Chief Justice Ward had a substantial discussion with me on the issues and he went a step further and wrote in reply to me:-

“ Thank you for your letter advising of the stage this project has reached. I am happy to hear that it is progressing so well. It is kind of you to suggest my letter of commendation helped but I have no doubt the real driving force is your determination to ensure such an important topic is properly researched and recognised.

I hope adequate funding comes through and that the whole project is successfully completed. I look forward eventually to reading the final paper.”

Well, the ‘final paper’ ( i.e. the tangible research findings of a team of some seven experts in their fields – forensic psychiatrist, statistician, criminologist, to mention a few, would have been made available to the TCI). If His Excellency the Governorhad been in the least interested in the prisoners’ care and welfare, he would have at a polite administrative minimum, acknowledged the University’s letter.

The University of the West Indies (UWI) took note of my publication and contacted me. There had been some nine prison studies done in Jamaica from the colonial days and during the post-independence (1962) period. Yet, surprisingly, none had focused specifically on ‘rehabilitation’ which was central to my endeavour.

It took me until 2011, after UWI required my attendance at classes for research methodology, then approved and accepted me as a part of the research team of seven persons. The Ministry of Justice in Jamaica was keenly interested in having the project advance. I conducted the first substantial interview with a reformed political gun-man who had received an official pardon for murder, and had distinguished himself by obtaining his university degree and a profession post-prison. The Justice Minister in Jamaica took note, as did two distinguished overseas potential researchers;

one from the UK and one an American statistician who contacted me directly to participate. The UK person had eighteen years experienceas a prison superintendent in the UK, coupled with on the job experience in the Middle East. All to say that from a small acorn of a ‘rehabilitative idea’ a significantly promising tree was growing.

My point? I had asked UWI to include the TCI and do a specific study here. Upon my request they agreed and the University then wrote directly to His Excellency, the Governor, wherein the study would not cost either Her Majesty’s Government or the TCI government a single penny. What was the response? None – not so much as a letter of acknowledgement from the Governor’s office to UWI. Now, can I be faulted for having used the word ‘disinterest’ when describing HMG’s response ( lack thereof) towards the TCI? Probably I am inaccurate to the extent that I did not initially state, ‘callous disinterest’.

Not surprisingly, with Britain’s history and this kind of administrative slackness being the order of the day, it comes as no surprise that a prison for punishing criminals can also be designated as a ‘secure place’ to take care of the mental, medicinal, and all supportive care of those persons who, in the Turks and Caicos Islands are mentally ill.

Interestingly, Dr.Daren Hall’s analysis* of the expenditure on the TCI Hospital observes that, “There is a striking distinction in what was delivered for the stated cost. At the end of the day and in reality TCI has less than 40 hospital beds and Lesotho boasts of over 400 hospital beds” for comparably the same level of expenditure in Lesotho dollar for dollar they got so much more? Not even a psychiatric ward in the TCI for all this over-expenditure? Should there not be an official investigation? As I replied to a Foreign and Commonwealth Office official who sought my opinion, I simply responded, “Caesar cannot prosecute Caesar”. Additionally, the sum spent on the hospital does not include a psychiatric ward. So here we are.

Conclusion

Now we know.

So, may those most responsible for this state of affairs own the problem, the neglect, the ‘callous indifference’ and maybe, just maybe, with a little human decency – do something and stop imprisoning mentally ill people at Her Majesty’s Prison, in the Turks Caicos Islands.

____________________________________________________________

* see: http://suntci.com/million-vs-beds-vs-beds-bliss-ignorance-or-dj-vu-p2535-106.htm

____________________________________________________________

Biographical note: Courtenay Barnett is a graduate of London University. His areas of study were economics, political science and international law. He has been a practising lawyer in the TCI for over thirty years, has had his life threatened, been arrested for defending his views, and has argued public interest and human rights cases.

END

IMAGE: Prison Rideshare Network