The recent ruling by Justice Godfrey Smith SC that over $8 million be awarded Francis Noel and Anthony Henry marked a good day for Saint Lucia. So proclaimed Mary Francis, who also applauded their attorneys Lydia Faisal and Alvin St. Clair. Justice Smith also indicated that the state’s detention of the men in prison and not a mental health facility after they were found unfit to plead due to mental illness, was in breach of their constitutional right to personal liberty.
“It was a good day,” said Francis, “because at the heart of the ruling was the whole question of human rights, and the state’s duty towards citizens when it comes to their rights—especially those who are within the criminal justice system. It speaks well in terms of increased awareness of the rights of persons in the custody of the state; and also the role that the courts play as the guardians of those rights.”
Francis, the coordinator of the National Centre For Legal Aid and Human Rights Inc., expressed the hope that the authorities will learn valuable lessons from this Smith ruling. She stressed that the necessary structure must be implemented so that inmates with mental issues are given the appropriate care. She lamented that, as a result of the state’s inaction over the years, taxpayers will be forced to foot the bill.
The attorney said that the case also raises the question: What is the state doing in terms of human rights broadly? Francis commended the government for taking small steps in the protection of rights. Last week, she attended a three-day workshop facilitated by the United Nations’ Office of the High Commissioner for Human Rights. She said it served as a training programme for government officials and civil society, to keep them informed about the human rights procedures and the structures of the United Nations system.
The establishing of the National Human Rights Coordinating Committee was also outlined as a step in the right direction. However, Mary Francis insists that more needs to be done to prevent similar cases and reiterated her plea for government to establish a national commission for human rights. “The commission must be established this year,” she said. “Without it, we cannot say government is actually promoting human rights or ensuring that the fundamental human rights outlined in our Constitution are adhered to.”
Under colonialism, she said, the authorities didn’t care much about human beings, and control over the society took precedence. She described our history as one of “dehumanization”, and that this continues psychologically. “The political parties concentrate on visible things like roads, housing and so on,” she said. “But in terms of justice, and the justice system, they’ve allowed it to become very dysfunctional over the years.”
This week, National Security Minister Hermangild Francis told reporters that government was considering whether to appeal the amount awarded Noel and Henry last week.
