CURB Encourages Public To Sign Petition
CURB said they have “serious concerns” about a clause of the Human Rights Act amendment, which the group says “clearly appears to exempt the Police Service from being held responsible for harassing people by discriminatory behavior or racial profiling”.
A spokesperson said, “Citizens Uprooting Racism in Bermuda [CURB] strongly agrees with the statements made by the Centre for Justice in their recent press release and as a human rights organization focused on racial justice we also have serious concerns about Clause 6C Subsection (3) of the Human Rights Act amendment (“Act”), which clearly appears to exempt the Police Service from being held responsible for harassing people by discriminatory behavior or racial profiling.
“We agree with the Centre for Justice that the Human Rights Act amendment Clause 6C Subsection (3), appears to be unconstitutional as it allows discriminatory behavior and profiling by the Bermuda Police without recourse by those harassed.
“Last month when CURB had the opportunity to meet the U.K. Minister for Overseas Territories Mark Simmonds, he indicated that excessive stop and searches of individuals in a short period of time constitutes harassment by police officers. We have requested from him the relevant supporting documentation.
“Additionally, individuals have indicated to CURB members that they have been stopped and searched in excess of ten times. Those who have gone through the proper complaints authority have described the process as “weak.” If these same individuals were to take their complaint to the Human Rights Commission, under the proposed amendment their case would have to be thrown out as the Human Rights Commission would be barred from proceeding with it.
“We agree with the Centre for Justice that the 2006 Police and Criminal Evidence Act (PACE) provides sufficient powers and comprehensive provisions to the police in relation to stop and search, powers of entry search and seizure, detention, questioning and treatment of people in detention whilst also importantly safeguarding the rights of suspects.
“This is unlike Section 315F of the 2005 Amendment to the Criminal Code, which allows stop and search WITHOUT probable cause, does not safeguard the rights of those stopped or searched, has resulted in racial profiling, all of which CURB believes is unconstitutional.
“CURB understands the Act is due to be debated on Friday 7th June and is concerned that there has been no public consultation about Subsection (3) or discussion as to why it is needed, and there appears to be no context for it.
“We believe Subsection (3), like Section 315F of the Criminal Code, will result in our young, Black males being at great risk for continued racial profiling. If this Act passes as is, the encroachment on everyone’s civil liberties will be very hard to undo.
“CURB does not wish to hold up the passage of this historical and very important legislation, and we support the Centre for Justice in their call to have the Human Rights Act amendment passed – after removing Subsection 3 of Clause 6C.
“The Centre for Justice believes, and CURB concurs, that if this provision becomes law, this clause will allow the police to harass people with impunity. Therefore, we urgently encourage members of the public to sign the petition prepared by the Centre for Justice asking that Clause 6C subsection (3) be dropped from the Human Rights Act amendment.
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