A/HRC/10/70 Page 4 7. With regard to complaints of police brutality, the Bahamas reported that police officers, like all citizens, are subject to the law and are punished for acts of violence that exceed their authority. In the period 2007-2008, four police officers were charged with criminal offences relating to excessive force and abuse of power. There are and have been cases in the courts against police officers claiming damages for assault and in some cases the courts have awarded in excess of US$100,000. People who suffer are not without redress, and officers who use excessive force are also subject to disciplinary action by the police, which may and has included dismissal. Complaints from the public are investigated by a police complaints unit, and the Police Act is being amended to permit civilian oversight of this investigatory process. Any delays encountered cannot be attributed to the fact that the persons charged are police officers, but to the delays and the backlog in the magistrates and supreme courts, which affect all citizens. 8. With regard to concerns expressed about an allegedly high incidence of rape and sexual offences, the Bahamas rejected assertions that it has the highest rate of reported rape. The Bahamas noted that the statistics were allegedly based upon police records and included reports of sexual offences other than rape. Furthermore, they were based on the permanent resident population of 330,000 persons, and thus excluded the approximately five million annual visitors. In November 2008, Parliament passed an amendment to the Sexual Offences and Domestic Violence Act, substantially increasing the penalties for sexual offences. The 2007 Domestic Violence (Protection Order) Act has entered into force. 9. The delegation stated that Bahamian law does not recognize marital rape if a marriage subsists and the couple cohabit in a marital home. Bahamian law recognizes rape as a crime where a married couple are separated but where the marriage has not been dissolved. Sexual harassment and discrimination are illegal and punishable, and apply to all persons equally, regardless of sexual orientation and gender. The recent amendment to the Penal Code removed the distinction between the penalties for public sexual activity between heterosexual and homosexual couples. 10. The Bahamas stated that it has historically attracted large numbers of illegal and undocumented immigrants, many of whom are seeking to transit to the United States of America. Though economically sound, the Bahamas cannot continue to absorb the uncontrolled influx of undocumented migrant workers and other illegal immigrants. It protects its borders and enforces laws governing entry to the country, and individuals found to have entered the country illegally or to have overstayed their authorized stay in the country are detained and deported. 11. The Bahamas pointed out that an immigration detention centre was established more than 10 years ago to house immigration detainees outside the criminal prison system. There are currently 258 people in the detention centre: 197 adult males, 50 adult females and 11 children. The policy is to process and repatriate persons to their country of origin as expeditiously as possible without compromising obligations under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and bilateral agreements. All persons requesting international protection are interviewed by immigration officers, and their assessments are shared with the Office of the United Nations High Commissioner for Refugees (UNHCR). Over the past 15 years, 102 individuals have been granted political asylum. Children may not be kept in detention for periods in excess of one week, and minors are housed at the detention centre only if accompanied by their parents or guardians. Unaccompanied minors are housed in residential homes registered with the Department of Social Services. When the individuals are nationals of Haiti, repatriations are generally swiftly concluded. Nationals of Cuba make up a second significant number of immigration detainees, and the vast majority seek to transit for