BVI still violating Constitution by keeping minors in adult prison
The government has admitted that it continues to breach the Virgin Islands Constitution Order 2007 by housing juveniles at His Majesty’s Prison alongside adult inmates.
The Constitution Order 2007 provides that juveniles in custody must be separated from adults and detained in conditions appropriate to their age and legal status. Despite this, the BVI has yet to establish a proper facility.
During a recent House of Assembly sitting, Second District Representative Melvin ‘Mitch’ Turnbull pressed Health and Social Development Minister Vincent Wheatley on why successive governments had failed to establish a dedicated juvenile detention facility.
“How much longer do we plan to continue to breach the law?” Turnbull asked. “Because the constitutional order is from 2007. We’re now in 2025. There is seemingly no prospective location, no design. So what is the plan?”
“The placement of juveniles at His Majesty’s prison is not in keeping with the letter or spirit of the Virgin Islands Constitutional Order 2007, particularly section 30 of section 3,” Wheatley said while acknowledging the violation. “This section speaks to the welfare and well-being of children, emphasising their protection from harm and the right to be treated in a manner appropriate to their age and legal status”.
Wheatley said the government has acknowledged the seriousness of housing juveniles with adults and has begun planning for a dedicated rehabilitation centre. He explained that the ministry has begun working with stakeholders and has developed a policy framework to shape the facility’s design and operations.
The plan emphasises secure housing alongside therapeutic and educational programmes to support rehabilitation and reintegration. The framework will be updated with current data and best practices and will guide architects in preparing detailed designs and cost estimates for construction.
Wheatley told the House that while interim safeguards exist, such as a designated section within the prison and rehabilitation programmes, the long-term goal is a dedicated rehabilitation centre. “This ministry considers the development of this facility to be one of the most critical capital investment projects for the territory,” Wheatley stated.
He added that a proposed property in Sea Cows Bay was no longer available, but Crown land had since been identified as a possible site. “We identified a potential location where we can put it on Crown land… My ministry is fully committed to making this a reality as quickly as possible. It’s a grave violation to continue down this path,” Wheatley explained.
Turnbull urged the government to also consider activating the Human Rights Commission so juveniles could seek redress. “We continue to violate it… They have no recourse. They go to magistrate courts… and then they either are sentenced to prison time or released on a bond. Everything that happens now is just a circle,” Turnbull argued.
Wheatley conceded that while plans are in motion, the situation remains unresolved. “We cannot continue to violate our human rights, children’s rights, and so forth. Given the constraints that we are forced to work within, I can assure you we’re doing everything possible that we can to address this issue,” he insisted.
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All this man going do is talk? What ever happened to his youth foundation? Did he get big on power and discarded the youth?
Why cant’ something in this country be addressed, that is wrong and it just be that.
When you mix youth with adult criminals, the likelhood of the juvenile returning to prison is much higher.
We are not only in violation of Local, but international human rights law.
““How much longer do we plan to continue to breach the law?” Turnbull asked. “Because the constitutional order is from 2007. We’re now in 2025.”
I think the problem is that it is only 18 years since and this must be on the PRIORITY list so it will be a little while longer.
Remember we have to do the secret airport first and we haven’t even got to the seeing the report stage of that yet.
I brought that up to three Ministers in the 26 months I managed the prison but nothing happened. I was expected to work that magic and make it happen. Seize the time.
Law makers or Law breakers. Only if these clowns can graft and get under the table deals will they ‘prioritize’ anything around here.
No punitive measures in place for the lack of accountability and governance by this incumbent lot of losers.
How long? Not much longer….
How can they build a juvenile jail when them all giving themselves huge pay rises
The prison has been neglected for years. This is one example.
Words. He’s good with them. He might now always understand the meaning of some words, but he knows how to say them. So he’s got stakeholders, policy framework. Good stuff.
Maybe house the minors on a prison ship anchored in the channel. Old cruise ships make good prison ships.
Maybe ask Elon or Richard for help to send them bad boyz up into space, save dealing with the issue and build a detention block nearby. If Elon or Richard pay we can afford Vibz Kartel back again for a Christmas lime
Where are the parents???
These potholes be violating me on the daily
The new Brewer Bay community centre look like it would make a good juvenile jail.
I respect Natalio for wanting independence for the territory but when a child is cut from the navel string that child must survive on its own..without a basic child detention center you’re no way ready to be Independent sir amongst your unscrupulous raise in pay and financial secrecy lately.