Tag Archives: Free Raul Garcia

Abused Barbados prisoner Raul Garcia denied proper medical treatment: Suspected cancer

A source informs Barbados Free Press that illegally-imprisoned Cuban Raul Garcia is thought to have bleeding sores and internal lumps (including one large internal lump) that could be cancerous, but he is not being offered proper medical care.

“If this was someone else, not a prisoner, he’d be undergoing extensive tests and ongoing treatment on a priority basis. Raul’s condition has progressively deteriorated because he was earlier denied tests and treatment when he originally complained in November  of 2011. By the time Garcia receives his scheduled tests it will be some 16 months past his initial complaint of bleeding, non-healing lesions.”

Raul Garcia completed 20 year sentence in Barbados prison, but has been held illegally for 2 years since then in contravention of both Bajan and international law.

For background, see Barbados prisoner Raul Garcia vows hunger strike until death

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Filed under Barbados, Human Rights

Barbados denies radio and television to illegal prisoner Raul Garcia

Is it about torture? Power? Continued punishment?

by West Side Davie

Why would lawyers for Barbados argue against allowing Raul Garcia to watch TV or listen to a radio?

Good Lord! Raul Garcia finished his 20 year sentence for drugs over two years ago, but because the country of his birth will not take him Barbados continues to hold Garcia in jail. This is contrary to both international and Bajan law, but the government doesn’t care. By all accounts Garcia has been a model prisoner and is a reformed man – starting an anti-drug movement and teaching himself to paint. (background story here)

Apparently the government of Barbados fears him watching television or listening to the radio, so Garcia has been denied these two simple pleasures.

Who was the person who made that decision? What kind of a cold-hearted, power-tripping bastard decided that Raul Garcia couldn’t listen to the radio? It is a wonder that Garcia has stayed sane and peaceful.

The more I see of Raul Garcia and the more I understand what he is going through, the more I admire this man. In the year of our Lord 2012, Raul Garcia is twice the man that Freundel Stuart or Owen Arthur will ever be, and he’s a better man than I am.

Photo courtesy of The Nation: Garcia on pause

Garcia on Pause

Just when Raul Garcia thought things were about to change for the good, they remained the same. Continue reading

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Filed under Barbados, Crime & Law, Human Rights

David Comissiong: Barbados has less regard for human rights than the English. Say it isn’t so!

Raul Garcia case a violation of human rights

“Can it really be true that a people whose fore-parents suffered the worst possible human rights abuses at the hands of English slave-masters now have less regard for human rights than the English? Oh, say it isn’t so Barbados!”

by David Comissiong

The Raul Garcia case provides Barbados with a “teachable moment” par excellence… yet not one of the supposedly responsible leadership institutions of our society has risen to the challenge of saying anything enlightening or educational to the Barbadian people about this issue.

We have not heard a single informed or constructive word from Parliament, the church, UWI, the Bar Association, the trade union movement, the Democratic Labour Party or the Barbados Labour Party!

These establishment institutions have displayed their civic indifference by studiously failing to intervene in a public discourse in which a sizable component of the Barbadian public has been shamefully asserting that it is permissible for our nation to indefinitely imprison a non-Barbadian “stranger in our midst”, or to simply “put him on a small boat and send him out to sea”.

Clearly there is a segment of our populace whose thinking and ethics are still firmly lodged in the pre-historic “dark ages”, and who seem to have little conception of human rights or of international humanitarian law! But how can ordinary citizens know any better when the supposedly enlightened leadership institutions of their society fail to either lead or to enlighten? Continue reading

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Filed under Barbados, Human Rights

Dithering Prime Minister Stuart admits he can’t make up his mind about Raul Garcia: DLP Leadership defined!

Garcia story an ideal illustration of our do-nothing, accidental ‘Leader’

What PM Stuart said in April (click photo)

Seven months after prisoner Raul Garcia’s hunger strike, and after seven months of press conferences and announcements about what the DLP Government intends with Raul Garcia, accidental Prime Minister Freundel Stuart announced yesterday that he still hasn’t any idea at all about what to do. It’s all so complex, you see!

Well… too complex for Stuart anyway. Maybe he’s waiting until he decides to pass the dead-as-a-Monty-Python-parrot Integrity Legislation first. You can’t move too quickly on these important decisions, folks! It might take thirty or forty years just to pull out a pad and a pencil to make notes.

And what about the previously announced decision to house Garcia at a military base so our country can comply with the international human rights agreements we signed and also comply with the rulings of the Barbados courts? Well, Prime Minister Stuart was lying about that. No big deal – he lied. Hey, you think that’s the first thing he lied about?

This is becoming less about Garcia and more about Stuart’s failed leadership

Hey reader… yes, you! You are a fairly intelligent person. You’re not without compassion – but you are no pushover either… You have our national interests, our reputation in the international community, and the security of Bajans in your mind. Maybe you see it this way, maybe that way. No matter…

How long would it take you to make a decision about Raul Garcia? Seven months? Six months?

More like a day or two is my guess.

And as far as Prime Minister Stuart’s comments about Raul Garcia’s 20 year old drug crimes being of concern – the DLP government just released a murderer after 3 decades in prison. Why the double standard?

Here’s the latest bit of propaganda from the Barbados Advocate. You should read it at their website, but you know we have to reprint it here because the Bajan news media have a habit of deleting or changing stores…

Raul Garcia’s fate being carefully weighed

8/28/2012

Prime Minister Freundel Stuart says that he is carefully examining the options that currently exist with respect to the future of Cuban Raúl García, who remains at Her Majesty’s Prison Dodds. Continue reading

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Filed under Barbados, Crime & Law, Human Rights

Barbados continues to illegally imprison Raul Garcia

Unless the rule of law means nothing in this country, Raul Garcia should be immediately freed under the 1954 Convention Relating to the Status of Stateless Persons.

That’s the law and a 2009 Supreme Court judgment backs it up.

Instead of obeying the law though, we have the sad spectacle of the Prime Minister of Barbados lying to the public and the unjustly imprisoned man – telling Garcia 186 days ago that he would soon be transferred from the Dodds Prison punishment facility.

PM Stuart lied to Mr. Garcia and he lied to Bajans.

The government and our Prime Minister continue to ignore Mr. Garcia’s frustrated lawyer, Attorney David Comissiong, who is forced to relay messages to the government through the newspapers.

This isn’t just about Raul Garcia: it’s about Rule of Law, and the fact that successive Barbados governments just do whatever they want to – the law be damned.

There are enough examples of that in our history. Garcia is just the latest.

Readers are asked to visit the Nation website to read Garcia Option, but we have to print the entire story here because of the Nation’s habit of deleting news stories to suit various agendas…

Garcia option

THE ATTORNEY for Cuban Raul Garcia has recommended to Prime Minister Freundel Stuart that the stateless prisoner be allowed to stay with Bajans who have volunteered to take him in, rather than house him on taxpayer dollars. Continue reading

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Filed under Barbados, Ethics, Human Rights

Attorney-at-law David Comissiong: Opportunist regarding Barbados prisoner Raúl García?

Six months ago Barbados lawyer David Comissiong told the papers:

“I was able to convey good news to Mr. Garcia. Having had several discussions with Prime Minister Stuart …, I was able to inform Mr. Garcia that concrete steps were underway to have him removed from Dodds Prison, and transferred to a non-punitive facility.

“I explained to Mr Garcia that although he would not be a ‘free man’, he would be relieved of the indignity of still being confined in a prison after having served his time and paid his dues to society. He would also be relieved of a number of restrictions and privations that are an intrinsic part of the Dodds’ prison culture,”

… See BFP’s Barbados prisoner Raúl García vows hunger strike until death

Then Attorney General Adriel Brathwaite gave Comissiong a “Put up or shut up” challenge…

“Responding to Comissiong’s criticism about the government continuing to hold Raul Garcia in prison for two years after he finished his 17 year sentence for drug offences, Mr. Brathwaite offered to release Garcia into Comissiong’s custody and care.”

“Brathwaite informed Comissiong, who is an attorney-at-law, that if he could put him up at his residence and guarantee to him, Brathwaite, that there was where the ex-convict would remain, then he would permit his release. No final decision was taken on that issue.”

…from BFP’s Attorney General challenges David Comissiong: You don’t really care about Raul Garcia

Comissiong didn’t take the bait, didn’t release Garcia. Now, six months later…

Nothing has changed and we haven’t heard from David Comissiong since February. Was Comissiong grabbing onto the cause of the day when Garcia was on a hunger strike? When Garcia ended the hunger strike was that the end of David Comissiong’s interest?

Was it all about the publicity for Comissiong? Just the latest high-profile case? We notice that Comissiong represents many causes at the outset but then says nothing as they fade into obscurity.

Hey… David… do you really give a damn about Raul Garcia?

Prove it.

photo of Mr. Comissiong courtesy of Caribbean360.com, doctored by Shona (thanks darlin’ !)

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Filed under Barbados, Crime & Law, Human Rights

Barbados Government should obey previous Supreme Court judgment and free Raul Garcia

“The applicant has been held in detention at H.M.P Dodds pending deportation for in excess of 17 months. Counsel for the Respondents conceded that as the applicant is a ‘stateless person’, his deportation and expulsion from Barbados could not now be achieved having regard to Barbados’ obligations under the 1954 Convention Relating to the Status of Stateless Persons.”

“In the circumstances, as the Minister Responsible for Immigration is unable to say when the applicant is likely to be deported from Barbados and as no evidence has been provided that his continued detention is necessary on ground of national security or public order, the Court holds that the applicant’s continued detention under the Immigration Act, is no longer reasonable or lawful and the applicant should be released from detention at HMP Dodds.”

Honourable Madam Justice Maureen Crane-Scott, Q.C., August 31, 2009

Barbados High Court decided the law on cases like Mr. Garcia two years ago!

Barbados Free Press has received a copy of an unreported Barbados court decision that is exactly on point in the Raul Garcia case.

Bajans can now state with certainty that Mr. Garcia is being illegally held at Dodds Prison by the Barbados Government – and that is according to the Barbados Supreme Court. Mr. Garcia’s sentence ended almost two years ago but he is still being held in a maximum security prison because he is stateless. (Main Raul Garcia article here)

Please read this previous court decision (below or at the link above) and you’ll understand that it is Prime Minister Stuart and his government who are the lawbreakers now, not Raul Garcia. Laws and court orders: do they mean anything to our Barbados government? DLP or BLP doesn’t seem to matter – our governments do what they want regardless of court orders.

BARBADOS

[Unreported]

IN THE SUPREME COURT OF JUDICATURE

HIGH COURT

Civil Division

Suit No: 117 of 2009

Consolidated with Suit No: 14 of 2009

BETWEEN

“ORSC”                                                                               APPLICANT

AND

THE SUPERINTENDENT OF PRISONS                               1st RESPONDENT

THE MINISTER RESPONSIBLE

FOR IMMIGRATION                                                             2nd RESPONDENT

ATTORNEY GENERAL OF BARBADOS                            3rd RESPONDENT

Before The Honourable Madam Justice Maureen Crane-Scott, Q.C. Judge of the High Court

(In Chambers)

2009: August 31

Mr. Douglas Trotman in association with Miss. Veronica McFarlane for the Applicant

Ms. Irene Stephney, instructed by the Solicitor General for the Respondents

DECISION

[1]        This is an urgent application to secure the applicant’s release from Her Majesty’s Prison at Dodds (HMP Dodds) where he is detained pursuant to orders made by the Minister Responsible for Immigration under the Immigration Act, Cap. 190 of the Laws of Barbados.

[2]        The applicant was born in Cuba on the 29th day of August, 1974. He entered Barbados as a visitor on August 24th, 2006 for a period of 1 month. On expiration of his 1 month entry permit, he applied for and was granted an extension of 15 days. Thereafter he illegally resided and worked in Barbados until January 22, 2008 when he was arrested by police and handed over to the immigration authorities.

[3]            Following his arrest, the applicant was detained at the Grantley Adams International Airport for an initial period of 2 months. On March 18th, 2008 the Minister Responsible for Immigration signed orders for his deportation and detention pending deportation from Barbados. He was served with the Deportation Order on March 18, 2008 and thereafter transported from the airport to HMP Dodds where he still remains under detention pending his deportation. Continue reading

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Filed under Barbados, Crime & Law, Cuba, Human Rights