CARICOM free movement has conditions
Grenada PM, Keith Mitchell. Photo by George Alleyne
For the past 4 years, we have been servicing
the community with dignity and compassion.
We look forward to the future providing
the same excellent service.
F U N E R A L H O M E
Serving the Community with Dignity
We have one of the Largest Chapels in the New York City area
We provide Funeral, Burial and Cremation Services
We offer great pricing and you can depend on our professionalism
Valet Parking Available
Caribbean L 26 ife, May 24–30, 2019 BQ
TEL:
By George Alleyne
Freedom of movement for
CARICOM citizens within the
15-country grouping does not
mean that police in a jurisdiction
cannot detain any such
Caribbean person while law
officers are legitimately investigating
an issue.
This became clear Monday
when the Caribbean Court of
Justice shot down a Grenadian
family’s application to pursue
a claim that Barbados police
violated their right to freedom
of movement and to depart the
island unhindered.
The mother, father and two
adult daughters contended that
the violation occurred when
police arrested and detained
them for 6 ½ hours in October
2016 and eventually released
with no charged laid against
them.
The Grenadian family, the
Gilberts who were on a oneday
visit, had contended that
while shopping some members
of the group were accused
of stealing a cellular phone,
and they were all subsequently
detained at a police station,
poorly treated, while one of
them was made to endure a
humiliating body check.
In its ruling today, the CCJ
however pointed out, “the
applicants were taken into
police custody for the purpose
of police investigations and …
freedom of movement did not
immunize CARICOM nationals
from the operation of law
enforcement agencies in the
receiving state.”
In an explanation of its ruling
the CCJ stated, “the applicants
would have had to set up
an arguable case of discrimination
based on nationality only,
prohibited by Article 7 of the
Revised Treaty of Chaguaramas,
in order to be granted
special leave to bring their
claim against Barbados. This,
they failed to do. The application
was therefore dismissed.”
Freedom of movement of
CARICOM citizens under the
Treaty entitles nationals entry
and an automatic six-month
stay in any territory with the
option of extending that time.
This is unless they have a
criminal record or possess no
proof of an ability to financially
sustain themselves during the
stay.That same CCJ made clear
these enforceable conditions in
2013 when it ruled that Barbados
immigration officers had
violated the rights of Jamaican
Shanique Myrie in 2011 by subjecting
her to a cavity search,
locking her up, then deporting
the CARICOM visitor contrary
to Treaty rules.
Barbados was also ordered to
pay the Jamaican woman $38,
620 plus legal costs.
When, in 2017, the Gilberts
indicated a planned lawsuit
against the Royal Barbados
Policy Force, Grenada Prime
Minister, Keith Mitchell reportedly
said that he was prepared
to give Barbados the benefit
of the doubt, at least until the
matter could be fully investigated.
“It seems to me that there
might have been an over-reaction
from a report, and if what
I saw is true, the Barbadian
police may have to examine
their approach in a matter of
this nature because, as it turns
out, there may not be any basis
for it from all reports I have
heard,” he added.
The Gilbert daughters,
Tamika, 28, and Lynnel, 31,
needed to visit Barbados for
a United States visa interview
with officials at the US Embassy,
which is stationed in that
island and covers the entire
Eastern Caribbean. They were
joined by father, Royston, a pastor,
and mother, Glennor, for
family time with a Barbadian
aunt and cousin.
But their business trip and
vacation turned into a nightmare
on Oct. 11, when while
shopping a store operator
accused the daughters of stealing
a cellular phone.
Tamika said that though she
volunteered to have her bag
checked and it revealed nothing
stolen, police were called
in.