Professional Documents
Culture Documents
SYNOPSIS OF COMPLAINT
FACTS
Jake Cadle is a young male currently being detained for alleged involvement in criminal activity.
After being taken into custody by three officers, including Superintendent Ralph Moody, he was allegedly
beaten and tortured. Upon arriving at the Kolbe Foundation prison facility, photographs were taken of the
injuries, and prison officials made it clear that they were not responsible for Cadles injuries.
Teresa Watlow, Cadles mother, submitted the initial complaint to this office as well as to
Superintendent Moody on October 26, 2012. Since then the Office of the Ombudsman submitted three
letters in this matter: one to the Ministry of National Security and two to the Police Headquarters in
Belmopan City. The most recent letter was mailed March 8, 2013. The Office of the Ombudsman is yet to
receive a response. At this time, we believe that further action, outside of written notice should be taken.
THE LAW
Domestic and International
The use of unwarrantable or excessive force and, in this case torture (which is jus cogens) is a
violation of the
Constitution of Belize
, the
Police Act
(of Belize), and the
Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment
. Part II of the Constitution of Belize
provides for protection of fundamental rights and freedoms. Specifically, Section 7 of the Constitution of
Belize states,
No person shall be subjected to torture or to inhuman or degrading punishment or other
treatment. Further the Police Act of Belize states that,
Every Assistant Inspector of Police or
Non-Commissioned Officer who offers or uses unwarrantable personal violence or ill-treats any person
in his custody; shall be deemed to have committed an offence and may be punished for such offence.
Police Act (of Belize)
Chapter 138, Section 24 (1) (u)
.
Title VI of the Belize Criminal Code speaks to the
limits of justifiable force or harm.
Section 32 states:
Notwithstanding the existence of any matter of
justification for force, force cannot be justified as having been used in pursuance of that matter (a) which is
in excess of the limits hereafter prescribed in the section of this title relating to that matter; or (b) which in
any case extends beyond the amount and kind of force reasonably necessary for the purpose for which
force is permitted to be used.
Domestic law alone ensures the protections of human rights for all under the jurisdiction of Belize,
and therefore, anyone who violates said rights should be subject to appropriate consequence.
Ombudsmans Jurisdiction
The Ombudsman has the right to use any method he deems appropriate to investigate allegations
involving Superintendent Moody. In investigating a complaint that alleges a violation of the Constitution of
Belize, the Criminal Code, or the Police Act (of Belize), the Ombudsman Act, Chapter 5 of the Laws of
Belize, has given the Ombudsmans Office the right to adopt whatever procedure he thinks appropriate to
the circumstances of a particular case. Section 17 (2). In accordance with the Ombudsman Act, the
Ombudsman should summon Superintendent Moody to testify as to the events in the complaint. The
Ombudsmans Office should send one final letter demanding that the Superintendent reply within fifteen
days of the request to schedule time to give a statement.
At Section 18 subsection 2,
The Ombudsman may summon before him and examine on oath
(b) any officer, member or employee of an authority, or any other person who, in the opinion of the
Ombudsman, is able to furnish information relating to the investigation, and such examination shall be
deemed to be a judicial proceeding and the provisions of Title XV of the Criminal Code shall apply to all
statements made in such proceedings. Therefore, if Superintendent Moody fails to respond within the
allotted time frame, according to Part IV, Section 20, subsection 1, the Ombudsman or his agent should
visit the Belmopan Police Department to obtain the necessary testimony. Failing that, Superintendent
Moody should be summoned to appear before the Ombudsman to be examined on oath.
In the alternative, or in the event that such an inquiry is unsuccessful, the Ombudsman should
declare that Superintendent Moody is hindering the Ombudsman in the execution of his functions, and
issue a consequence as enumerated at Part V, Section 30 of the Ombudsman Act.
Every person who -
(b) without lawful justification or excuse (i) obstructs, hinders or resists the Ombudsman or any person in the execution of his functions
under this Act, or
(ii) fails to comply with any lawful requirement of the Ombudsman or any other person under this
Act; ...
(d)
shall be guilty of an offence and shall be liable on summary conviction to a fine not
exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months, or to
both such fine and imprisonment
.
Cooperation from the Commissioner of Police is also imperative. Section 12 of the Convention
Against Torture Treaty states :
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has been committed in
any territory under its jurisdiction.
Under Belize law, it is the responsibility of the Commissioner of Police to conduct these
investigations. Just as Chief Justice Kenneth Benjamin asserted in his recent opinion in the case of the
illegal issuance of a Belize Passport, lack of action on the part of the Commissioner of Police is
unreasonable, irrational and unlawful in the face of grave misconduct. Here, a lack of investigation into
alleged misconduct of the Superintendent would also be unreasonable and unlawful.
For a thorough investigation to be completed, the tracking information from the police vehicle,
information on the officers whereabouts before, after and during the time of this incident, and other
relevant information must be procured. If necessary, the Ombudsman should compel the Commissioner of
Police to conduct a separate investigation into the allegations. The Commissioner is also subject to the
abovementioned provisions, including the consequences for failure to cooperate.
An order from a superior officer or a public authority may not be invoked as a justification of
torture.