UNITED NATIONS
CONVENTION AGAINST TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Initial, second, third, fourth, fifth, sixth and seventh periodic report of the States parties Antigua and Barbuda.

PART I - INFORMATION OF A GENERAL NATURE

1. Geography

The islands of Antigua and Barbuda are located at 17 degrees latitude North and 61 degrees longitude West, in the Caribbean Sea. Antigua, the largest of the three- island grouping of Antigua, Barbuda and Redonda, covers an area of 281 square kilometres, while the island of Barbuda covers an area of 161 square kilometres. Uninhabited Redonda covers barely one square kilometre.

The climate of Antigua and Barbuda is tropical, with little seasonal variation in temperature. From July to October, hurricanes and tropical storms present a significant threat, and periods of drought are not uncommon.

Geographically, Antigua and Barbuda are predominantly low-lying limestone and coral islands, with a few higher volcanic areas. While these volcanic areas are understood to be inactive, an eruption on nearby Montserrat in 1995.

2. Population Structure

The first people known to have lived in Antigua, the Siboney, were of the Meso-Indian Age. Around the second century BC, an Amerindian people referred to as the Arawaks left their original home in Venezuela and established settlements in Antigua that remained until the first British settlement was created. None of either group remains on the islands, although a number of Caribs continue to reside on the nearby island of Dominica.

The people of Antigua and Barbuda are mainly of African descent, their ancestors having been brought to the islands as slaves in the 17th and 18th centuries from the West Coast of Africa. The rest of the population is comprised of descendants of British Colonizers and Portuguese imported as labourers in the l9th century. There are also a growing number of Europeans and North Americans who have come to Antigua and Barbuda to retire. According to the figures obtained during the 1991 census, the population of Antigua stands at 63,000, while a further 3300 reside on the island of Barbuda.

As far as religious structure is concerned, the Antiguan people are deeply religious and primarily Christian. There are over 100 churches throughout the State, and they are well attended and supported. There is also a small non-Christian presence, including roughly one percent of the population that classify themselves as followers of Rastafarianism.

There is no significant migrant worker population within Antigua and Barbuda. Antigua's substantial tourism industry attracts workers from all over the globe.

3. Demographic Indicators:

Presented here are the key demographic indicators as requested in UN Document HRI/CORE/1. Note that difficulties with the most recent 2001 census have prevented the inclusion of these data into this report; Antigua and Barbuda will be submitting an HRI/CORE/1 report as soon as the issues with the current census data have been resolved, at which time such data should be taken as superseding the data provided herein. For the purposes of this section, where more recent data is not available, figures from the 1991 census have been provided.

Population: 68,000 (2001 estimate)
Population percentage male/female: 48.2%/51.8% (1991)
Per capita income: $22 140 ECD / $8200 USD (1999 est.)
Gross Domestic Product: $1.21B ECD / $448M USD (2000)
Rate of inflation: 1.6% (1999 est.)
External debt: $1.05B ECD / $387.77M USD (1999)
Rate of unemployment (male/female): 5% (1997)
Literacy rate (male/female): 90%/88% (1960 est.)
Major religions: 31.57% Anglican, Moravian 11.78%, Roman Catholic 10.61%, Methodist 8.96%, Seventh Day Adventist, Pentecostal 5.07%
Population by ethnic origin: 91.3% African/Negro/Black, 3.7% mixed, 2.4% white, 2.6% other/not stated
Life expectancy (male/female): 68.45 / 73.14 (2001 est.)
Infant mortality: 22.33/1000 live births (2001 est.)
Maternal mortality: N/A
Fertility rate: 2.31 children born/woman (2001 est.)
Percentage of population under 15: 30.5% (1991)
Percentage of population over 65: 8.2% (1991)
Percentage of population in urban / rural areas: 34%/66% (1991)
Percentage of households headed by women: 41.5% (1991)

4. Political Structure

On 1 November 1981, Antigua and Barbuda became an independent state within the British Commonwealth. The structure of the Government of Antigua and Barbuda is accordingly very similar to the structures of other governments in the former British Caribbean territories - a constitutional monarchy with Westminster-style parliament. Antigua and Barbuda has a bicameral legislature with an Upper House or Senate, to which 17 members are appointed by the Governor General, and a lower house of 17 elected members of Parliament. Of the members of Senate, 10 are appointed on the advice of the Prime Minister, 4 on the advice of the Leader of the Opposition, one on the advice of the Barbuda Council, and two chosen by the Governor General, one of whom must be an inhabitant of Barbuda and the other of whom must be an outstanding citizen of Antigua and Barbuda. The Senate functions mainly as a body to debate, review and approve decisions of the lower house. The government formulates policy in Cabinet - a body of ministerial advisors chosen in the main from among the elected members of Parliament, usually with just one or two persons chosen from the nominated members of the Senate. Before the general elections in March 1994, the number of cabinet members was 14. After the general elections, the new Prime Minister reduced the number of ministerial positions from 14 to 10.

The judiciary is independent of the government, and acts to safeguard the constitutional rights and freedoms of Antiguans and Barbudans. Since human rights issues are embodied in the constitution and legislation of Antigua and Barbuda, there is no specific court that has exclusive jurisdiction over human rights. Rather, the judiciary in its entirety has such jurisdiction. Justice on the islands of Antigua and Barbuda is rendered by the following courts:

(a) Magistrate Courts: As prescribed in the Magistrate's Code of Procedure, these courts are the primary courts of Antigua and Barbuda. For the purposes of holding Magistrates' Courts, Antigua and Barbuda is divided into three districts. Each District Magistrate is also a Justice of the Peace, and is responsible for holding preliminary inquiries into criminal charges and small claims in civil matters. Where charges are of a serious nature, or a trial by jury is requested, the Magistrate has the capacity, following a preliminary inquiry, to the transfer of a case to the High Court. Decisions made at the Magistrate Court level may be appealed to the Court of Appeal of the Eastern Caribbean Supreme Court.

(b) Supreme Court: As prescribed in the Supreme Court Order, these courts, styled as the Eastern Caribbean Supreme Court, function as the superior court of record for the following OECS (Organization of Eastern Caribbean States) member states:

Antigua and Barbuda
British Virgin Islands
Dominica
Grenada
Montserrat
Saint Kitts and Nevis
Anguilla
Saint Lucia
Saint Vincent and the Grenadines

The Supreme Court consists of both a Court of Appeal and a High Court of Justice. The Court of Appeal hears appeals from the Magistrates Court and the High Court. The High Court hears indictable criminal matters, civil matters and constitutional matters.
(c) Judicial Committee of the Privy Council (JCPC): The Judicial Committee of the Privy Council, located in London, stands as the final court of appeal for Antigua and Barbuda. It hears issues from the Court of Appeal, and its decisions are binding on all OECS member states.

5. Administrative Structure

Antigua and Barbuda consist of 6 parishes - Saint George, Saint John, Saint Mary, Saint Paul, Saint Peter, and Saint Philip - and 2 dependencies, Barbuda and Redonda. Government of the parishes is conducted by government on a national level, with no separate municipal government structures that relate to the implementation of the Convention.

6. General Legal Framework within Which Torture is Prohibited

For as long as Antigua and Barbuda has been an independent nation, its laws have explicitly prohibited torture and related punishments. The 1981 Constitution of Antigua and Barbuda (hereafter referred to as the Constitution), held as the supreme law of the land, provides the citizens of Antigua and Barbuda with significant legal protections against both the threat and manifestation of violence in general terms, and the threat and manifestation of violence as specifically defined in Article 1(1) of the Convention. Also contained in the Constitution are specific processes and obligations on the part of the state during the course of any arrest and detention, the purpose of which is to ensure that individuals that have been detained or arrested are treated in a manner that respects their universally recognized rights and freedoms. Specifically, Article 5(1) states that no person shall be deprived of his personal liberty without reasonable grounds. Article 5(2) states, "any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the reason for his arrest or detention." Additionally, Article 5(3) protects the right of any individual who has been arrested or detained to retain and instruct legal counsel at any stage of his arrest or detention. Article 5(6) states than any arrested or detained individual not tried within a reasonable amount of time will be released, thereby preventing the state from using the threat or manifestation of an indefinite imprisonment in an attempt to induce a statement or confession from an individual. Article 5(7) provides a mechanism for any individual who has been unlawfully arrested or detained by the state or any other person to seek redress from any person or authority on whose behalf the person making the arrest or effecting the detention was action or from them both.

Section 6 of the Constitution prohibits slavery, servitude and forced labour, while Section 7(1) addresses the issue of torture directly and unambiguously by stating that "no person shall be subjected to torture or to inhuman or degrading punishment or other such treatment."

The Prison Act, which has been in force in Antigua and Barbuda since 1956, ensures that prisoners held in the nation's prisons are treated in a manner that respects their right not endure torture or undue physical punishment. Section 11(1) of the Prison Act states that corporal punishment in prisons is only to be used in certain specific cases, and only with the express approval of the Governor-General.

The Police (Discipline) Regulations explicitly state that it is a punishable violation of police policy for any police officer to use "any unnecessary violence to any prisoner of other person with whom he may be brought into conduct in the execution of his duty". There are additional guidelines regarding the treatment of prisoners and detainees contained in the Police Handbook, which is currently being revised.

In addition to the torture-specific legislation set out above, Section 20 of the Offences against the Person Act prohibits inflicting any kind of bodily injury, either with or without a weapon, and provides a wide range of punishment according to circumstance. Should the torture-specific legislation be inapplicable to a specific torture-related crime, the Offences against the Person Act prescribes a wide range of sentencing options, up to and including five years of imprisonment.

Antigua and Barbuda adheres to the concept of duality between national and international law. That is to say that a given international agreement is only legally binding within Antigua and Barbuda to the degree to which it is in accordance with national legislation. Where necessary, national legislation will be altered or supplemented in order to adequately cover all relevant aspects of a given international agreement. To this end, the provisions of the Convention can not be invoked before and directly enforced by the courts, tribunals and other administrative authorities of Antigua and Barbuda, but rather the Convention's elements are to be interpreted as represented by the national laws of administrative regulations of the nation.

7. International Instruments and National Legislation with provisions of wider application than those provided for under the Convention.

It is the view of the government of Antigua and Barbuda that the Constitution provides ample protection for the provisions of the Convention. There exists at this time no international instrument or national legislation that contains provisions of wider application than those provided for under the Convention. Antigua and Barbuda's status as a newly independent nation, coupled with the absence of any serious incidents of torture or other acts covered by the Convention, dictates that no further legislation has been proposed in this direction. Should such a need arise, the government of Antigua and Barbuda will endeavour to examine the possibility of additional legislation as needed.

8. Judicial, Administrative And Other Competent Authorities And Their Jurisdiction Over Matters Dealt With In The Convention.

As regards jurisdiction, there are two primary devices for addressing potential violations of the Convention within Antigua and Barbuda. The first is the national judicial system. The specific structure and methodology of the national judicial system is as set out in the previous pages, under subheading 4, Political Structure. Generally speaking, the government of Antigua and Barbuda holds the view that Antiguan and Barbudan legislation conforms to the provisions of the human rights instruments to which Antigua and Barbuda is a party. Predictably, there have been at all levels of the Antiguan and Barbudan judicial system numerous court cases that have touched on issues that could be construed as relating to the Convention. However, the courts holding jurisdiction over Antigua and Barbuda have found no cause to question the implementation of the Convention, in either de jure or de facto terms, as a result of their findings during the reporting period. There have been no direct challenges of Antigua and Barbuda's implementation of the Convention during the reporting period.

The second device for addressing potential violations of the Convention within Antigua and Barbuda is that of the office of the Ombudsman. The Ombudsman's office exists as a distinct and impartial entity, with the express purpose of fielding complaints or concerns of the populace regarding the fairness and justice of actions of the government and its agents. The position of Ombudsman is a non-elected, non-partisan position within the government. The Ombudsman reports directly to the legislature, presenting his facts and findings on an annual basis. Additionally the results of his investigations are published in yearly reports that are available to the general public. The office of the Ombudsman maintains a policy to investigate each and every complaint received regarding issues of torture or related abuses. The Ombudsman is also able to recommend the addition or subtraction of legislative provisions to ensure that acts of torture are sufficiently prohibited within the nation's legal framework. To date, no such recommendations have been deemed necessary.

9. Available Remedies to Victims of Torture or other Cruel, Inhuman or Degrading Treatment or Punishment.

Since the offences as outlined in the Convention are prohibited under the national laws of Antigua and Barbuda, the remedies available to victims of such offences cover the entire range of available punishments and restitutions as set out in Antiguan and Barbudan national law. The offences outlined in the Convention may, depending on the circumstances, be interpreted under either criminal or civil law, and accordingly the remedies available range from an imprisonment or fine in the case of a criminal investigation, to the awarding of restitution, compensatory and/or punitive damages in the case of a civil suit. Additionally, complaints filed through the Office of the Ombudsman are eligible for any number of a vast array of alternative dispute resolutions, ranging from simple apologies to financial restitution and compensatory damages. Pursuit of a complaint through the Office of the Ombudsman does not necessarily preclude the possibility of a civil or criminal suit should the circumstances warrant such further actions, or should the Office of the Ombudsman be unable to arrive at a mutually agreeable resolution.

10. Practical Implementation of the Convention, Factors and Difficulties Affecting The Obligations Of The Convention.

The single most significant obstacle to the implementation of the Convention Against Torture in Antigua and Barbuda is hardly unique to this nation in particular. Antigua and Barbuda is, as mentioned, a small and newly-independent nation. Accordingly, comprehensive government departments and programs specifically tailored to the implementation of a specific international instrument are prohibitively expensive, and the responsibility of overseeing the implementation of human rights instruments falls across multiple government ministries and departments. These multiple ministries and departments, which are underfunded and understaffed as a result of the economic constraints inherent to developing nations such as Antigua and Barbuda, must balance the fulfilment of their human rights reporting obligations along with the primary work for which their ministry was created. Accordingly, there are times where the analysis of the implementation of a given international instrument is given less attention than is required, not because of indifference towards the convention or its purpose, but because limited resources preclude its being given the undivided attention that larger, more affluent nations are able to provide. Such a predicament is, as mentioned, hardly unique to Antigua and Barbuda, and, like the majority of other nations who find themselves in such a situation, the government of Antigua and Barbuda remains committed to dedicating as much of its attention as is practical towards the analysis of the implementation of every international instrument to which it is signatory.

11. The State of Torture, Inhuman and Degrading Punishment in Antigua and Barbuda.

As a free and democratic society, Antigua and Barbuda takes allegations of torture or other inhuman or degrading punishment very seriously. To date, there has not been a single conviction or civil litigation decision to indicate the use of torture or other inhuman or degrading punishment in Antigua and Barbuda. Where allegations are made of instances of police use of excessive force or police brutality, such claims have been thoroughly investigated. The findings of these investigations are not secret, and whenever such investigations have been held, the local independent press has been kept abreast of all such investigations. While certain isolated incidents have occurred, they are quite uncommon, and the severity of the allegations or injuries do not suggest that there is any systemic or recurring instances of torture, inhuman or degrading treatment at any level of government.

The prison, built in the 18th century, was damaged in the 1990s by a fire. Since then, renovations and reparations have improved the conditions for inmates considerably. The prison is open for visits and inspections by international human rights observers, and a thorough inspection of the prison was undertaken during the preparation of this report. Prisoners are treated fairly and humanely, and while the budgetary constraints inherent in developing nations such as Antigua and Barbuda preclude the type of amenities typically found the prisons of the world's most affluent nations, the conditions at the prison are closely monitored by the government of Antigua and Barbuda to ensure that they adhere to both international human rights standards, and the common sense of dignity and decency for one's fellow citizen that Antiguans and Barbudans pride themselves on. In addition to strict rules dictating how inmates may be treated while incarcerated and how unruly prisoners may be punished there is also a comprehensive system in place for ensuring that the prison staff is monitored for regulation infractions, and that any such staff violations are dealt with quickly and effectively.

PART II: INFORMATION IN RELATION TO EACH OF THE ARTICLES IN PART I OF THE CONVENTION.

Article 1.

Article 1 of the Convention sets out the definition of torture as agreed upon by the signatories to the Convention. Section 7(1) of the Constitution of Antigua and Barbuda specifically prohibits torture, inhuman or degrading punishment. While an exhaustive list of exactly which actions are considered to be torture, inhuman or degrading punishment is not provided in the Constitution, the legal consensus among Antiguan lawmakers is that the standard to which the Section 7(1) would be held is aligned with the definitions of those actions as defined in the Convention. While capital punishment remains a sentencing possibility for certain crimes (notably murder in the first degree and treason), in actuality it has not seen application for many years. Additionally, any citizen sentenced to death is given the opportunity for legal review of his or her case by the JCPC as outlined in the first section of this report. Given the significant amount of international attention that capital punishment seems to garner, it seems highly unlikely that such a practice will ever re-enter common usage in Antigua and Barbuda.

Article 2.

As mentioned previously, torture is specifically prohibited by the laws of Antigua and Barbuda. Additionally, numerous elements of Antiguan and Barbudan law prescribe specific conditions and policies for the entire arrest and detention process, effectively adding an affirmative layer of protection against torture, inhuman or cruel punishment. Specific instances of this affirmative layer of protection are outlined in Section Six of the first part of this report. There is no provision for such policies to be suspended during a time of war or a threat of war, political instability, or any other event or circumstance. Likewise, there is no provision that would allow an official to use the suggestion that he or she was following orders from a superior officer in defence against a charge of torture.

The Police (Discipline) Regulations explicitly state that it is a punishable violation of police policy for any police officer to use "any unnecessary violence to any prisoner of other person with whom he may be brought into conduct in the execution of his duty". In addition, it is against the Regulations for a police officer to be an accessory to any criminal offence, including by logical extension a violation of Section 7(1) of the Constitution.

Article 3.

As regards expulsion and deportation, Antigua and Barbuda maintains as policy that it will not deport an individual to a country where there is a realistic and palpable chance that the individual will be in specific danger of being subjected to torture. In practice, this policy has never been tested.

Article 4.

As indicated in the analysis of Article 2 of the Convention, above, torture, inhuman and degrading treatment is specifically forbidden by the laws of Antigua and Barbuda. While there is not yet a specific law that explicitly sets out "attempted torture" or "complicity in torture" as separate offences for individuals, it is important to note that torture, inhuman and degrading treatment is specifically prohibited in the Constitution, and as such attempts and/or complicity to torture would be considered attempts to violate the Constitution - an act of great severity and seriously punishable, as the Article 4 of the Convention dictates. As mentioned previously, The Police (Discipline) Regulations further state that it is a punishable violation of police policy for any police officer to use "any unnecessary violence to any prisoner of other person with whom he may be brought into conduct in the execution of his duty".

Article 5.

The laws of Antigua and Barbuda as they relate to torture, inhuman and degrading punishment are primarily contained within the Constitution. Accordingly, these offences are considered to be universal crimes under international law - that is, the offences in question are considered punishable regardless of the nationality of the perpetrator of the victim. The Constitution specifically prescribes that "…every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual". Section 7(1) of the Constitution sets out protection from torture-related offences as a component part of these fundamental rights and freedoms. Regardless of whether the offences in question are committed within Antigua and Barbuda, in any territory under its jurisdiction, or on board a ship or aircraft registered in Antigua and Barbuda, the government of Antigua and Barbuda considers the acts in question to fall under the jurisdiction and applicability of the laws in question. To date, there have been no charges laid in connection with the torture laws of Antigua and Barbuda in which there has been any question of jurisdiction as it is construed in Article 5 of the Convention.

Article 6.

The arrest and detention procedures as outlined in Article 6 of the Convention do not have a torture-specific counterpart in the national legislation of Antigua and Barbuda beyond what is set out in the Police (Discipline) Regulations. However, the conditions for detention, arrest, and deportation determinations are clearly defined in the Constitution of Antigua and Barbuda, as detailed in Section Six of the first part of this report, as well as the Police Handbook, which, as mentioned previously, is in the process of being revised. Specifically, Articles 5(3) and 5(6) of the Constitution provide the guarantees to the accused as set out in Article 6(3) of the Convention.

Article 7.

It is the policy of Antigua and Barbuda to prosecute offences of torture, cruel and inhuman punishment in the same manner as in the case of any ordinary offence of a serious nature. Should the government of Antigua and Barbuda, for reasons determined under Articles 3 or 8 of the Convention or any other reason, decide not to extradite an individual suspected of having committed a torture-related offence, then the government shall begin appropriate criminal proceedings against the individual. The government of Antigua and Barbuda recognizes the universal jurisdiction, as set out in Article 5(2) of the Convention, to prosecute an alleged torture-related offender, and acknowledges its obligation to initiate a prosecution relating to any act of torture that may have occurred beyond the territorial jurisdiction of Antigua and Barbuda, insofar as the government of Antigua and Barbuda is unwilling or unable to extradite the alleged offender to stand his or her trial. To date, there have been no practical examples of the application of this section of the Convention involving the government or citizens of Antigua and Barbuda.

Article 8.

The government of Antigua and Barbuda acknowledges that the offences referred to in Article 4 of the Convention are considered to be extraditable offences, and intends to include such offences in the text of every extradition treaty that it pursues with those nations that are also States Parties to the Convention.

Article 9.

The government of Antigua and Barbuda endeavours to assist to the best of its capacity any nation that requires its assistance regarding any criminal proceedings that are undertaken in reference to Article 4 of the Convention, including the supply of all evidence available. While there is no specific legal policy set out in relation to this policy of information sharing, and no specific torture-crime-related events have transpired between the government of Antigua and Barbuda and another nation or nations that would require the sharing of legal information, the government of Antigua and Barbuda believes very strongly in the principles of international legal cooperation, as seen by its participation in the OECS and CARICOM legal systems, as set out in the first part of this report.

Article 10.

Education and information regarding the prohibition of torture constitute an integral part of the training of both the police and prison personnel of Antigua and Barbuda. In both cases, staff are trained not only to avoid such behaviour, but also to be alert for indications of torture-related injuries or allegations whenever prisoners are transferred from one group's custody to another. Specifically, the prison maintains a policy to refuse acceptance of any inmate or detainee who shows any signs of torture, inhuman or degrading treatment until such time as a thorough explanation can be provided and included in the prisoner's transfer documentation. In this way, any repeated or systemic violations can be tracked and documented in such a way as to maximize the accountability of both the police and prison officials. There are also periodic medical inspections of detainees and prisoners by the Prison Medical Officer (an independent medical examiner), and any unusual injuries or allegations are recorded by the examiner in the Medical Minute Book. The examiner, a fully qualified medical doctor with extensive experience in prison and arrest-related injuries, is especially vigilant for indications and after-effects of physical and/or psychological torture, both among regular inmates and among those who have recently been arrested and/or interrogated. In addition to scheduled visits by this examiner, the prison maintains a policy that any inmate who requests medical attention is entitled to such attention without delay, regardless of when the next scheduled medical visit is. In this way, prisoners and detainees are able to converse with an independent medical examiner at any time, reducing the possibility that physical or psychological abuse is left unnoticed.

In addition to the medical inspections outlined above, Part I, Section 3 of the Prison Act outlines the functions of the Prison Visiting Committee - a committee appointed by the Governor General of between three and six Justices of the Peace of Antigua and Barbuda. The Visiting Committee is charged with performing thorough inspections of the prison at least once a month, during which they are to

"…hear and investigate any application or complaint which any prisoner may desire to make to them and, if necessary, report the same, with their opinion, to the Governor General. They shall specifically enquire into the condition of these prisoners who are undergoing solitary confinement."

Under the Prison Act, the Visiting Committee is also granted permission to "meet with any such prisoners as they desire, either in their cells or in a room out of sight and hearing of prison officers." During these monthly visits, the Visiting Committee shall review the Prison Punishment Book, in which all disciplinary actions are noted, and enquire into any irregularity or excessive punishment contained within that book.

The Prison Act also protects those prisoners who, by virtue of their actions, have been assigned punishment, for it prohibits the application of any corporal, cellular or dietary punishment without the Prison Medical Officer having certified that the prisoner is capable of undergoing such punishment. All such punishments are to be performed under the supervision of the Prison Superintendent, and attended by the Prison Medical Officer. All such punishments are to be logged in the abovementioned Prison Punishment Book for review by the Visiting Committee. In the event that the Prison Medical Officer reports that the mind or body of any prisoner is likely to be injured by the discipline or by further detention in prison, the Superintendent of the prison is to take appropriate action, and must immediately report such a situation to the Governor General.

Article 11.

As outlined in the first section of this report, the Prison Act and the Police Act both set out specific guidelines for how suspects, detainees and prisoners are to be treated throughout their detention period. Additionally, prison officials and police officers are overseen by the relevant government ministries and, when deemed necessary, inspections of the prison and detention areas are conducted by the government. Additionally, the appropriate methods of interrogation of suspects while under police custody are clearly laid out in the Police Handbook, with violations of these methods considered a breach of police duty. This handbook is currently being revised, and specific attention is being paid to the Convention so as to ensure that the policies of the Antigua and Barbuda Police Force are in line with international standards.

Section 34 of the Prison Act specifically prohibits any prison officer from striking a prisoner unless compelled to do so in self-defence.

Complaints about how an individual is treated while he or she is under the care of the police or in prison may be directed either to the Office of the Ombudsman, or to the legal system in the form of a civil or criminal complaint. There exists in Antigua and Barbuda a thriving legal community that exists outside the influence of the government and police system; that serious cases are taken to the OECS Supreme Court, which exists entirely independent of the government of Antigua and Barbuda, serves to further protect an individual's complaints from government or police bias.

Article 12.

As previously mentioned, there are two main paths to an investigation into torture-related crime - that of the Office of the Ombudsman, and that of the judicial system. The Office of the Ombudsman is respected throughout Antigua and Barbuda for its rapid and thorough response to requests for an investigation. Additionally, the various options available to the legal system, including both civil and criminal proceedings, provide additional options to a complainant.

Article 13.

Under the laws of Antigua and Barbuda, any individual who feels he or she has been wronged has the opportunity to have their case examined in a court of law. Due to Antigua's small size and limited resources, a comprehensive legal aid system has yet to be implemented, and as such there is still the possibility that a complainant could be unable to afford adequate legal representation. It is hoped that, through cooperation with various development agencies, Antigua and Barbuda will be able to provide its citizens with a legal aid office equipped to arrange legal representation for those who cannot afford it. Additionally, grievances may be filed through the office of the Ombudsman. While there is no specific timeframe for investigating complaints made to the Ombudsman, in practice investigations are both swift and thorough. While the laws of Antigua and Barbuda do not specifically outline a timeframe requirement for torture-related crimes, the Constitution sets out reasonable time limits and expectations for the commencement of a civil or criminal trial.

Article 14.

Under the laws of Antigua and Barbuda, torture-related offences as described in the Convention may be cause for both civil and criminal legal pursuits. The current legal structure of Antigua and Barbuda does not contain a provision for personal injury restitution to be paid as part of a criminal conviction. However, a civil suit may be brought against any party accused of a torture-related offence in tandem with or in lieu of a criminal charge should such be deemed appropriate. Through the pursuit of a civil suit, any party who has been wronged may pursue fair and adequate compensation, including any and all expense that might reasonably be incurred in the pursuit of rehabilitation, counselling, or therapy. While there does not exist specific mechanisms for rehabilitating those victimized by acts of torture or related offences, expenses related to therapy and related psychological rehabilitation programs would certainly be acceptable elements of a civil suit claim.

Article 15.

The Evidence Act Volume 4 chapter 155 explicitly prohibits the admission into evidence of any statement on confession that has been extracted by means of torture, or the threat of torture.

Article 16.

The laws of Antigua and Barbuda provide broad protections against torture and other cruel, inhuman or degrading treatment or punishment. As mentioned previously, Section 7(1) of the Constitution explicitly states that any person under Antiguan and Barbudan jurisdiction is guaranteed freedom from torture or other cruel or unusual punishments. Such a guarantee covers a much broader range of wrongs than the Convention does, and accordingly the Constitution offers protection even to those acts that the Convention does not. The government of Antigua and Barbuda acknowledges that there remains an obligation to uphold the standards of investigation and impartiality as set out in the Convention even when dealing with offences that fall outside of the range of offences detailed in the Convention itself.