A/HRC/38/9
25.
The time frame for presenting a voluntary bill of indictment had been reduced from
344 days in 2012 to 68 days in 2016, a big step towards the end goal of 30 days.
26.
In an effort to tackle the backlog of cases, a Backlog Task Force had been established
to closely review all outstanding cases and make determinations on how they should proceed.
Furthermore, there were 10 criminal courts operating in the Bahamas Supreme Court, up
from 6 in 2012.
27.
The Office of the Public Defender had been established in January 2017. That body
was specifically dedicated to defending the accused and easing the reliance on the Crown
brief system.
28.
The Witness Care Division was operating under a new system of keeping in regular
contact with witnesses and had a defined Witness Care Road Map. Increased protection was
in place for witnesses through new witness protection and witness anonymity legislation and
policies.
29.
With regard to reports of excessive use of force by police officers, the Complaints and
Corruption Branch was responsible for investigating complaints made by members of the
public against members of the Police Force. Complaints made in 2016 had declined by 11.17
per cent in comparison with 2015. Nevertheless, the Bahamas acknowledged that there were
deficiencies in the Complaints and Corruption Branch due to a lack of oversight, and was
therefore reviewing that body.
30.
The Bahamas was in the process of drafting an amendment to the Bahamas Nationality
Act to provide for all minor children of Bahamian males or females, born anywhere in the
world, regardless of their parents’ marital status, to be granted Bahamian nationality upon
application.
31.
The Bahamas supported the efforts of all persons who wished to access higher
education, inter alia by offering various scholarships. Furthermore, the Bahamas employed
“open schooling”, complemented by distance education. Under the Ministry of Education,
there was a Distance Education Unit in the Learning Resources Section, which sought to
enhance education and provide education to all. A percentage of education expenditure was
used to promote human rights.
32.
The Bureau of Women’s Affairs had been upgraded to the Department of Gender and
Family Affairs in October 2016 within the Ministry of Social Services and Community
Development and its budget had been more than tripled.
33.
In February 2016, the Bahamas had approved a national strategic plan to address
gender-based violence. The plan covered all forms of violence, as it related to women and
girls throughout the country.
34.
The Bahamas was aware of the concerns of the Human Rights Council and the treaty
bodies with respect to marital rape. It was therefore pleased to report that an amendment to
the Sexual Offences Act provided for the offence of “spousal sexual abuse”. Although the
proposed offence was not labelled as “marital rape”, it still had all of the elements of the
offence of rape. Marital rape in the context of a subsisting marriage would now be
criminalized as “spousal sexual abuse”. Consultations were ongoing with a view to
criminalizing the issue as a form of “spousal sexual abuse”.
35.
Since the previous review period, additional buildings had been constructed at the
Carmichael Road Detention Centre to alleviate housing and maintenance issues. Moreover,
the establishment of a full-time medical facility at the Centre had significantly reduced the
spread of such communicable diseases as scabies.
36.
Women detainees with children were kept in separate accommodation, in keeping
with international standards. In 2014, the Department of Immigration had established a safe
house for that purpose outside the Carmichael Road Detention Centre.
37.
The immigration (detention centre) regulations, 2018, had been drafted and human
rights issues had been enshrined in those regulations. The regulations clearly identified the
welfare, privileges and duties of detainees, including, but not limited to, clothing, food,
education and religion.
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