Youths in Adult Prisons

Published 21st November 2007, 10:47am

After considerable analysis the HRC has released its Final Report on the human rights issues arising from the Cayman Islands juvenile justice system, notably the holding of juveniles in adult prisons.

In the Final Report of CIHRC Case 3/07 ‘C’, ‘M’, ‘J’, ‘A’ and ‘B’, the HRC identified a significant number of human rights concerns arising out of the detention of children, some as young as 13 years old, at Fairbanks Prison. The detention of children pending trial, the lack of access to legal advice at, or before trial, the sentencing of children without access to legal counsel, the imprisonment of children in an adult facility and the severe lack of appropriate facilities for juveniles accused of crimes, were all areas addressed by the HRC in this Report. The HRC concluded that these issues gave rise to prima facie breaches of numerous international instruments; namely the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, the European Convention on Human Rights and the United Nations Convention on the Rights of the Child.

Focussing in particular on the dangers of mandatory minimum sentences, which the HRC referred to its Final Report in CIHRC Case 6/06 "The Lifers", and, in respect of children, in its 2006 Report for the Convention on the Rights of the Child, the HRC reiterated its concern that existing constitutional arrangements may, at times, leave fundamental rights vulnerable to legislative encroachment. The introduction of mandatory minimum sentences was a clear example of this danger, which further underscores the HRC’s belief that human rights would be better secured by constitutional guarantees and a mechanism for judicial enforcement.

Whilst the HRC is appreciative of the difficulties faced by all agencies involved in the juvenile justice system, these difficulties do not justify failure to comply with international obligations designed to ensure that young persons accused of crimes receive appropriate supervision, treatment and education. The HRC is eager to ensure that the Cayman Islands is in full compliance with international human rights law and accordingly would welcome the opportunity to provide any assistance or advice to achieve this end.

The full Final Report on CIHRC Case 3/07 ‘C’,’M’,’J’,’A’ and ‘B’ can be accessed at www.humanrights.ky. If you would like to contact the HRC, please address written correspondence to P.O. Box 30664, Grand Cayman, KY1-1203 or alternatively, emails can be sent to committee@humanrights.ky.

For further information contact: Human Rights Committee