A/HRC/16/52/Add.3
incompetent for a managerial post (“he was a tailor before and has no education for this
job”). Three weeks before the disturbances he had written a long letter of complaint to the
Superintendent but had not received any answer. The main problems were disrespect for the
detainees and arbitrary actions by prison warders. The rules of the prison were not clear and
their application was arbitrary; corruption was also a problem, including the running of the
tuck shop. Drugs were brought in by the prison staff. The detainees could receive one visit
per week for only two to three minutes. Since 13 August 2009, he had only been outside the
building twice. Detainees were not provided with anything to read or any recreational
activities. Three weeks earlier, some juveniles had been beaten. Because more and more
searches were conducted by the wards in the last weeks, the situation had become tense.
During the last weeks there had been a genuine food and water crisis which led to the
disturbances.
33.
Denver Pink, aged 36, had been arrested on 5 June 2009 and held at Constant
Spring Police Station until the end of July, where he had been beaten. The warders had
flooded the cells and used tear gas against the detainees. In August 2009 he had been
transferred to the Portmore (100 Man) Police Station, where conditions were worse than at
Constant Spring, because there was no toilet or water in the cells. At the end of August or
beginning of September 2009, he had been transferred to Horizon, which he described as
the worst place. The decision whether or not to move a detainee to the remand centre was
made by the police and involved corruption. Detainees were regularly beaten and received
no proper medical treatment. Since he had become sick with a hernia and gall bladder
problems, he received a ticket for a special diet, but he did not receive proper food. The
hygienic conditions were terrible: lice and cockroaches infested the cells, detainees could
not flush the toilet and had to urinate in bottles; they could not wash the dishes, which were
covered with bugs; and the dirt and smell were unbearable. Because of the water shortage,
there had been no water at all on Sunday or on Monday morning. When the water arrived at
4 p.m., many detainees were let out of their cells to fetch water, and it became clear that
there would not be enough water for all. He had been in his locked cell at SP 21 (top floor),
one floor above the fire. The police came into the cell, dragged him out and beat him with
iron bars on his legs, head and nose. His nose had been fractured. While he tried to run
away, he heard a gunshot being fired. He had been further beaten and had lost
consciousness. He woke up at the hospital at 8 p.m. The findings of the forensic expert of
the Special Rapporteur corroborated his allegations of ill-treatment.
34.
Norval Cunnings, aged 25, indicated that on the day of the riot the detainees had
been without water for four days. They started shaking the grills and the guards said that
they would discipline them. He had been beaten by six guards with a baton in his cell.
Although another detainee had broken the lock to his cell, he had stayed inside and told his
cellmates to stay inside; otherwise the warders would restrain them. Several soldiers and
police approached his cell and told him to come outside. When he refused, he was beaten
with guns and iron pipes. He tried to hold on to the leg table with his left hand while
protecting his head with his right arm, but was dragged outside while the police continued
beating him. Once dragged outside his cell, he tried to run away but was once again beaten,
including by a warder known as “Busthead”. He was beaten with an iron pipe on his hips,
back, ribcage and his legs were held apart while another guard beat him once on his
testicles. In addition, he was beaten on his chest with a flat metal bar. He was also
threatened and told that “he must die”. He noted that he heard shots, but did not see who
had fired them or if someone had been hurt. He was taken to the medical center by other
inmates, and later to the hospital, where he was informed that he had a broken arm and two
broken ribs. He was also given pain medication for his testicles. He had several other
injuries on his body, including stitches on his head, an open wound on his leg and several
marks on his head, neck and chest. One of the warders, Officer Sterling, saw him at the
medical unit and pretended to be surprised that he was still alive. Two days later, he went
26
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