A/HRC/31/16
violence and established appropriate penalties for the perpetrators, including relatives of the
victim. With technical assistance from the Pan American Health Organization, the
Department of Gender Affairs had been able to draft a domestic violence protocol that
sought to outline the roles, responsibilities and functions of each State and nongovernmental partner in the identification, reporting and treatment of domestic violence
situations.
16.
The delegation expressed that, although discrimination against people on the basis of
sexual orientation or gender identity was not specifically prohibited in the Constitution, and
although no domestic law had yet been drafted regarding the same, there was no formal or
positive legal discrimination against persons in Saint Kitts and Nevis on that basis. It
asserted that no laws existed that prohibited discrimination against a person on the basis of
sexual orientation or gender identity and that the Government had asserted that it had
received no reports of violence or discrimination on that basis.
17.
It indicated that the country’s gender assessment had highlighted the women in the
construction trades programme, which was mainly aimed at equipping women with the
resources to gain more lucrative occupations and at combating gender stereotypes.
18.
Regarding the death penalty, the delegation stated that, according to section 4 (1) of
the Saint Kitts and Nevis Constitution, a person should not be deprived of his life
intentionally, except in the implementation of a sentence by a court in respect of a
conviction for the criminal offences of treason or murder, and that, in that connection, there
was no relevant law in relation to giving effect to the death penalty in the case of treason.
19.
The delegation asserted that the relevant law in relation to murder cases was the
Offences Against the Person Act and that the provision that would give effect to the death
sentence was found to be unconstitutional. The mandatory nature of the death sentence was
challenged and found to be inconsistent with the Constitution. Since 1993, with the seminal
decision of the Privy Council in the case of Pratt and Morgan v. Attorney General of
Jamaica (1993) 43 WIR 340: (1994) A.C. 1, which definitively established that the delay in
the execution of a convicted prisoner under sentence of death could well offend the
constitutional provision prohibiting degrading or inhumane treatment, the death penalty had
not been implemented for any such convict who had spent a period of five years in prison
after being sentenced.
20.
The delegation underscored that Saint Kitts and Nevis had not imposed the death
penalty for several years and that it was in fact very rare, with only three persons having
been executed within the previous 30 years and none in almost 7 years.
21.
Saint Kitts and Nevis had not imposed the death penalty since its first universal
periodic review, reserving such sentences for only the “worst of the worst” cases. Four
individuals had, in fact, through the appeal process, had their sentences commuted to life
imprisonment or vacated. Recent statistics proved that crime in the State was on the
decline, and it was clear that, although heinous crime continued to be a concern, the number
of persons sentenced to death in recent years was also on a downward trend and, to date,
only one person remained on death row.
22.
The delegation of Saint Kitts and Nevis requested once again that it be granted
technical and other resources to amend any prison policies and to maintain consistent and
regular capacity-building programmes for prison officers. Subsequent to the first universal
periodic review, parliament passed the Police Complaints Act in 2014, which provided for
the receipt, investigation and determination of complaints by the public against the National
Police and for related matters, and authorized the establishment of an independent body —
the Police Complaints Commission — and a complaints unit within the police force.
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