CCPR/C/113/D/2091/2011
3.7
Furthermore, prison conditions in Jamaica amount to cruel and degrading treatment
on account of overcrowding, poor sanitary conditions and ill-treatment. Those findings
were confirmed by the United Nations Special Rapporteur on the question of torture, who
noted that persons with mental disabilities deprived of their liberty are not held in a separate
psychiatric institution, but detained in a special wing of different correctional centres (see
A/HRC/16/52/Add.3, para. 64).
3.8
The author claims that his removal to Jamaica constitutes arbitrary or unlawful
interference with his family, disrupting links with his sole family members, who are in
Canada, in violation of articles 17 and 23 of the Covenant. In Canada, the author has a
relatively close relationship with two of his sisters, as well as with his niece. His parents are
both deceased, and most of his other siblings are in Canada. One of his sisters and a brother
live in the United States of America. In Jamaica, the author has two half-brothers and a
half-sister, with whom he has no relationship (see para. 5.10 below).
3.9
Even when they have access to effective medicines, persons with chronic
schizophrenia require long-term treatment plans, for which family involvement is crucial,
as it improves clinical and functional recovery and significantly reduces relapse rates.
3.10 The author refers to the Committee’s findings in communications No. 1792/2008,
Dauphin v. Canada, and No. 1959/2010, Warsame v. Canada. The author submits that
deporting him to Jamaica, where he will be deprived of family support, is disproportionate
to the nature of his crimes, especially as these were directly related to his mental illness.
3.11 With respect to article 2 (3) of the Covenant, the author submits that despite the
various decisions and judicial review in his case, he was not offered an effective remedy.
The administrative standard of review applied by the Federal Court in reviewing the
decision to reject the application on humanitarian and compassionate grounds implies that
even if the decision at stake was incorrect, it is upheld as long as it is reasonable. Also, the
decision on the application for a pre-removal risk assessment failed to take into account the
issue of access to medical care in Jamaica.
Additional information provided by the author
3.12 On 2 January 2013, the author submitted the following additional information.
Referring to the conditions in Bellevue Hospital, where he spent over a month after his
arrival in Kingston, he claims that his rights under articles 7 and 10 were violated, given the
lack of care, the shortage of staff (only 15 doctors and 150 nurses for 800 patients),
unhygienic and insalubrious facilities (pest and dirt were reported) and humiliating and
inappropriate treatment of patients, such as group bathing. 9 These conditions violated his
dignity and physical and mental integrity.
3.13 In relation to article 9 (2) and (3), the author claims that he was arrested and
detained in November 2011 by the Jamaican police for a robbery he did not commit. He
was never informed of any charges against him and was detained for six days without
8
9
6
Virtue, “Youth gang beats, sets fire to Kingston’s homeless”, Jamaica Observer, 10 January 2010;
and Taneisha Lewis, “Doctor bemoans lack of psychiatric help for deportees”, Jamaica Observer, 14
June 2008.
See “No crime should be punished by rape”, Jamaica Gleaner, 18 March 2007, available from
http://old.jamaica-gleaner.com/gleaner/20070318/lead/lead5.html.
See, inter alia, Tyrone Reid, “Bellevue insanity – cold, inhumane treatment of patients observed at
facility”, Jamaica Gleaner, 29 January 2012, available from http://jamaicagleaner.com/gleaner/20120129/news/news1.html, and Tyrone Reid, “Banged-up Bellevue”, Jamaica
Gleaner, 1 February 2012, available from
http://jamaica-gleaner.com/gleaner/20120201/lead/lead2.html.