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2014
THE FOURTEENTH
ANNUAL REPORT
OF
THE OMBUDSMAN
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Page | 1
TABLE OF CONTENTS
PAGE NO.
Presentation to the National Assembly .......................................................... 3
Ombudsmans Message ..................................................................................... 5
Summary of 2014 Complaints ......................................................................... 7
Special Report ................................................................................................... 16
Resolution of Complaints ................................................................................ 19
Freedom of Information Applications........................................................... 21
Institutional Collaboration............................................................................... 23
Trainings and Conferences .............................................................................. 26
Administrative Matters..................................................................................... 31
Conclusion ......................................................................................................... 34
Appendices ........................................................................................................ 37
1. Statistics......................................................................................... 39
2. How to Make a Complaint.............................................................. 46
3: The Investigative Process................................................................... 47
4: The Ombudsman Act, Key Provisions ............................................. 48
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Ref: 001/AROMB/2014
The Office of the Ombudsman
91 Freetown Road, Second Floor
P.O. Box 1376
Belize City, Belize
Central America
Tel: 501-223-3594 / 501-223-3198
Fax: 501-223-33198
Email: ombudsman@btl.net
th
18 February, 2015
Respectfully,
___________________
Lionel Arzu, MSc.
Ombudsman of Belize
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Ref: 001/AROMB/2014
The Office of the Ombudsman
91 Freetown Road, Second Floor
P.O. Box 1376
Belize City, Belize
Central America
Tel: 501-223-3594 / 501-223-3198
Fax: 501-223-33198
Email: ombudsman@btl.net
th
18 February, 2015
Respectfully,
_____________________
Lionel Arzu, MSc.
Ombudsman of Belize
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OMBUDSMANS MESSAGE
Once again, it is my pleasure to present to the
National Assembly the Fourteenth Annual Report on
the execution of my functions for the past year. My
functions are essentially two-fold. My primary function
is to investigate complaints of alleged wrongdoings by
public authorities pursuant to the Ombudsman Act,
Chapter 5, Substantive Laws of Belize (Rev. Ed. 2000).
My secondary function is to review decisions of public
authorities denying access to information requested
pursuant to the Freedom of Information Act, Chapter 13, Substantive Laws of
Belize (Rev. Ed. 2000). This report provides a concise summary of the events that
unfolded in 2014 in the exercise of these two functions.
The Fourteenth Annual Report contains a statistical summary of the two
hundred and twenty (220) new complaints received during the course of the year.
This summary is grouped according to: authorities complained against;
geographical origins of complaints; subject matter of complaints; and, the status of
these complaints. Although it is my second year in Office, it is quite clear that the
trend is consistent with previous years, in terms of both the number and nature of
the complaints. This report also summarizes applications under the Freedom of
Information Act. For the first time in the recorded history of our office, three
applications for review were made under this Act. Although the applications were
either denied or did not progress far, the fact of the applications being made quite
possible signals a movement towards making public authorities more accountable,
transparent and fair to all citizens when carrying out their administrative functions.
The year 2014 was one of increased collaboration among our colleagues and
even with the very authorities complained against. Collaboration was in the area of
complaints resolution; prison reform; criminal justice reform; and, strengthening
Governments accountability in combating gender based violence. It was also a
year in which I seized the opportunities to promote to foreign and local dignitaries
the agenda for my term in office. I believe that the fulfilment of this agenda will
enable my office to better carry out its mandate.
In 2014, my staff and I participated in training events, either as facilitators or
as participants. Topics were very important and current, and included subjects such
as the law and health care; case management and negotiation; mediation; and antitrafficking in persons. This report provides a summary of these training events and
conferences.
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The year 2014 also saw some changes to our office. We welcomed a new
Legal Officer, as the outgoing one preferred to pursue a career in private practice. I
take this opportunity to thank Attorney-at-law Oscar Selgado for his service to the
Office of the Ombudsman and wish him well in his new endeavour. The Ministry
of Finance approved the employment of a Security Officer to provide personal
protection to my staff and me. My Office welcomed Miss Kimberlyn Marin to the
team as our new Office Cleaner. She replaced Miss Gilda Leslie, who retired after
twelve years of service to the Office of the Ombudsman. I want to take this
opportunity to thank Miss Leslie for her service and wish her all the best in her
retirement. Despite these welcomed changes, fundamentally, my office continues
to operate within the parameters of limited human and financial resources. Even
so, the Office made significant accomplishments during the past year.
Finally, I wish to thank the National Assembly, the Government of Belize
and the Judiciary for this honour and responsibility of being the Ombudsman, a
partner in ensuring the protection of fundamental human rights and freedoms. I
also wish to thank my own staff for their hard work and dedication.
This Fourteenth Annual Report is presented not only as a report pertaining
to the execution of my functions but also as a summary of the public opinion on
current administrative practices. Furthermore, it is hoped that this report will help
to promote (additional) reforms in public administration.
I hope you enjoy reading this report and look forward to your continued
support for the work of the Office of the Ombudsman and a productive and
brighter 2015.
Your Humble Servant I Remain,
______________________
Lionel Arzu, MSc.
Ombudsman of Belize
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I. SUMMARY OF 2014
COMPLAINTS
1.0 The
Ombudsmans
primary
function is to investigate complaints
from private citizens regarding
wrongdoing, abuse, injustice or injury
they have suffered at the hands of
public authorities. The Ombudsman
Act states:
Subject to the provisions of this Act,
where the Ombudsman has reasonable
cause to believe that: (a) An authority or an officer of member
1SectiSSection
A Ministry, Department, or
Agency of Government;
(ii)
body
or
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(ii)
Defense Force
Coast Guard
Prisons Department
2%
1%
8%
89%
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MINISTRY
SECURITY
GEOGRAPHICAL ORIGIN
OF
NATIONAL
(i)
Unwarrantable violence,
ranging from aggravated assault
to murder
(ii)
Misconduct, from
corruption to falsifying police
statements to disciplinary
offences such as drunken and
disorderly behaviour in public
(iii)
Non-investigation of
reports of crimes, whether
intentional or negligent
(iv)
Unlawful search and
seizure
(v)
False imprisonment and
Malicious Prosecution
(vi)
Identification errors,
including mistaken identity on a
police record
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(vii)
Theft, misappropriation
and damage or destruction of
property including property held
as exhibits
Complaint 898
A mother from Belmopan complained that
police officers and villagers conspired to
murder her son, a known mentally ill man
living in Big Falls, Toledo. Policemen
showed up in a vehicle at the victims house
and fatally shot him, purportedly in selfdefence. The victim died shortly after being
transported to the Punta Gorda Public
Hospital. Police investigation is ongoing.
Complaint 1030
A young, Belize City man applied to the
Police Department for a copy of his police
record, for employment purposes. His record
showed
drug-related
charges.
The
complainant insisted it was not him but
someone else with the same name and similar
attributes. After finger-printing analysis, the
complainant was exonerated and his record
cleared.
Complaint 890
A young mother living in Belize City
complained that members of the Police
Department refused to enforce a Protection
Order in her favour. Her husband was
remanded pending trial for the attempted
murder of a minor. At the time of the
attempted murder, the husband was in
breach of a protection order. The
complainant feared for her safety when she
found out that the accused was applying for
bail. The police arrested and imprisoned the
accused when he received bail, but was later
released in disregard of the Domestic
Violence Act of Belize, Act No. 19 of
2007, Laws of Belize.
PRISONS DEPARTMENT
1.9 The inmates at the Belize
Central Prison - under the
management of the Kolbe
Foundation - complained to the
Ombudsman about the following:
1. Trial and Sentencing Errors
2. Appeals and Delays
3. Non-existent, incompetent or
neglectful Legal Representation
4. Need for Medical and Surgical
treatment
Complaint
A Central American immigrant was
convicted in the 1990s and sentenced to
death for a murder he says he did not
commit. He alleges he was not assigned
Legal Representation and does not speak or
understand English. The interpreter assigned
to his trial allegedly did not do a good or
reliable job. Although his death sentence was
later commuted to life imprisonment, he
believes he has suffered grave injustice.
1.10 Since most of the complaints
against Prisons Department pertains
to trials, sentencing, appeals and legal
representation and fall within the
category commencement or conduct
of criminal or civil proceedings, the
Ombudsmans
intervention
is
excluded
in
most
instances.
Nonetheless, the Ombudsman in the
spirit of public service sought to assist
by referring the complaints to the
appropriate or competent body for
instance, the Honourable Kenneth
Benjamin, Chief Justice of the
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Court of Appeal
(i) Delays in filing or hearing
appeal
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Other Authorities
Employment Discrimination,
particularly, in promotion
decisions
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STATUS OF COMPLAINTS
1.20 Of the 220 complaints received
in 2014, approximately two hundred
and sixteen (216) were referred,
refused or terminated or are being
investigated or considered for
investigation. The remaining
four
(4) complaints are (informal)
complaints.
1.21 Of the 216 complaints, a little
less than half, forty per centum
(40%), are the subject of preliminary
enquiries. The
purpose of
preliminary enquiries is to determine
whether or not reasonable cause
exists to believe that the authority
complained of has committed the
wrongdoing alleged. The
Ombudsman makes preliminary
enquires where necessary and without
notice to authorities to satisfy himself
that the complainants allegations are
more likely than not true. Although
the initial burden of proof is on the
complainant, too often complainants
do not bring any evidence to support
their allegations.
1.22 About a quarter (25%) of the
complaints were refused, terminated
or referred without investigation. If
it is apparent that no reasonable cause
exists, or that reasonable cause exists
but the Ombudsman jurisdiction to
investigate is ousted, the complaint is
refused, terminated, and/or referred
to a competent entity.
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Figure 3.
Status of Complaints
1%
9%
Referred,
Refused
1%
Preliminary
Enquiries
24%
25%
Notice of
Investigation
Comments
Received
40%
Ongoing
Investigation
Completed
Closed
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II.
SPECIAL REPORT
Facts
Mr. M, through various agents and himself,
applied for minutes of disciplinary
proceedings held by the Belize Teaching
Services Commission (BTSC) in 2011; the
BTSC reviewed the decision of a governmentfunded High School to terminate his teaching
employment on allegations of sexual
harassment. He did not receive a written
reply, and applied to the Minister of
Education, Youth and Sports for an
internal review. The Minister did not reply.
Mr. M. applied to the Ombudsman for a
review of the refusal to grant him access to
the minutes pursuant to the Freedom of
Information Act, Chapter 13, Laws of
Belize, (Rev. Ed. 2000) (FOIA). The
Ombudsman sent notice of Mr. Ms
application and complaint to the BTSC, the
Chief Executive Officer, and the Minister of
Education pursuant to the FOIA and the
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10
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III.
RESOLUTION
COMPLAINTS
OF
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Ministry
of
Education
earmarked
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IV.
FREEDOM
INFORMATION ACT
OF
12
15
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V.
INSTITUTIONAL
COLLABORATION
Police Department
5.0 In April 2014, the Ombudsman
presented the Commissioner of Police
with a list of 499 complaints made
against the Police Department during
the years 2009 to 2014, and asked for
updates. Within one month, the
Department responded and provided
this Office with updates on 42
complaints. The Department and the
Ombudsman have also been meeting
on a monthly basis to review progress
in handling of complaints for the
years 2012 to 2014 as well as new
complaints. The Ombudsman also
collaborated
with
the
Police
Department in matters of training,
mentioned below. Both parties have
indicated a willingness to formalize
this relationship, through proper
channels.
Prisons Department
5.1 The employees of the Prisons
Department and its managing agency,
the
Kolbe
foundation,
made
themselves very accessible to the
Ombudsman and his staff. In 2014,
the Ombudsman and his staff toured
the Belize Central Prison and met
with prisoners and staff of the Prisons
Department and Kolbe Foundation
on many occasions. The prisoners
made complaints, which have been
dealt with in preceding sections. The
Ombudsman and his staff also made
their own observations. These
include:
Poor sanitation or hygiene in
prison cells
Overcrowding of prison cells
Medical condition of some
prisoners, especially the elderly
and females
5.2 Despite the seriousness of the
situation, observable progress had
been made in 2014 to improve the
quality of life for inmates. These
include the following:
A full-time medical doctor
(general practitioner) is now on
site.
Karl
Heusner
Memorial
Hospital continues to provide
necessary medical and surgical
treatment to inmates, and to
defray most of the costs
associated with such treatment.
Consultant Joseph Middleton
prepared and published his
finding and recommendations
for improvements to the prison
system, in the report abovementioned.
Criminal Justice Reform Board
5.3 In 2014, the Ombudsman and
his staff met with Ms. Sarah Fearnley,
Criminal Justice Adviser. Ms Fearnley
works with the Criminal Justice
Reform project funded by the United
States of America Department of
Justice and the United Kingdoms
Crown Prosecution Services.
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Public Education
Campaigns
Constitutional and
Legislative Changes to the
Ombudsman Act.
Resource Mobilization for
the Office of the
Ombudsman
Establishing Strategic
Partnerships, especially in
the area of Human Rights
Protection
VI.
TRAINING
CONFERENCES
AND
6.0 In
March
2014,
the
Ombudsman met with the Toledo
staff of the Education Department
and visited four primary schools,
namely, San Felipe, Santa Ana,
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Trafficking in Persons
(Prohibition) Act, Act No. 2 of
2013
Commercial Sexual Exploitation
of Children (Prohibition) Act,
No.
3 of 2013
Criminal Code (Draft)
Amendments, Ch. 101, Laws of
Belize
Meetings
Page | 29
Group Work
Group Presentation
Page | 30
VII. ADMINISTRATIVE
MATTERS
7.0 In 2014, the Office of the
Ombudsman carried out its mandate,
an enormous responsibility given the
number of complaints and the human
and financial constraints.
Nonetheless, as in previous years, the
Ombudsman and his employees
overcame these challenges and
constraints and discharged their
responsibilities with much
professionalism and hard work.
7.1 The year 2014 brought some
personnel changes to the Office. In
the early part of 2014, the Office of
the Ombudsman welcomed three new
employees:
Ms. Rubiceli Perera, Legal
Officer
Mr. Lyndon Mai, Security
Officer
Ms. Kimberlyn Marin, Office
Cleaner
Miss Perera replaces the outgoing
Legal Officer, Mr. Oscar Selgado,
who opted not to renew his contract
in order to pursue a career as a private
law practitioner. Miss Pereras
qualifications include a Bachelor of
Laws degree from the University of
the West Indies, Cave Hill, Barbados,
and a Certificate of Legal Education
from the Norman Manley Law
School, Mona, Jamaica. She also has
some experience in private practice as
an Associate with the established firm
of W.H. Courtenay & Co. The
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OFFICE CLEANER
7.7 The
Ombudsman
also
acknowledges and expresses much
appreciation to the staff of the
National Assembly: Mr. Eddie
Webster, Clerk; Ms. Clarita Pech,
Deputy
Clerk;
Ms.
Valentina
Emmanuel, Finance Officer; and
other members of staff. Without their
continued and invaluable support, the
Office of the Ombudsman would not
function as smoothly as it has.
7.8 Last but not least, the
Ombudsman
expresses
much
gratitude to the following persons
who provided support and guidance
during the past year: the Honourable
Kenneth Benjamin, Chief Justice of
Belize; Mr. Godwin Arzu, Contractor
General; Mr. Gian Gandhi, Legal
Adviser, Ministry of Finance; as well
as all other persons and institutions
who were not mentioned individually.
Page | 33
VIII. CONCLUSION
8.0 In 2014, the Ombudsman
discharged his mandate with a
reasonable measure of success. With a
limited staff and budget, his Office
made measurable strides in dealing
fairly and efficaciously with the two
hundred and twenty (220) new
complaints as well as previous years
complaints. This is no easy task given
the limited resources; the fact that
complainant considers his complaint
of utmost urgency; and, in many
instances, the authorities are slow or
reluctant to respond.
8.1 There is still much more work
to be done. As stated in the
Ombudsmans introduction this
report is not merely a report on the
exercise of his functions for the year
2014 but also is a feedback of public
opinion and a starting point for
reform. In light of this, we would like
to make the following
recommendations to assist the
Ombudsman in better exercising his
functions and, generally, for the better
protection of fundamental human
rights and freedoms in Belize.
8.2 We humbly recommend and
petition the Government of Belize
the authorities, civil society, and
others to:
(i) Make the Office of the
Ombudsman a constitutional
office.
(ii) Modify the Ombudsman Act
to broaden the jurisdiction of
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APPENDICES
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APPENDIX 1. STATISTICS
Chart 1. 2014 Complaints, by Month*
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Jan
Feb
Mar
Apr
May
Jun
Monthly
Jul
Aug
Sep
Oct
Nov
Dec
Year Total
183
250
220
200
150
100
54
99
116
50
0
2012
2013
2014
Police Total
Year Total
Page | 38
400
350
116
300
31
250
13
16
15
16
200
District Total
Country Total
150
100
50
220
220
220
220
220
220
Corozal
Orange
Walk
Belize
Cayo
Stann Creek
Toledo
Page | 39
Appeal, Prisons
Employment Related Matters
8%
29%
False Imprisonment/Malicious
Prosecution
4%
9%
2%
3%
Non-investigation
1%
5%
25%
Property/Exhibits
14%
Transfer, Prisons
Unlawful Search and Seizure
Unwarrantable Violence
Page | 40
B.
Business Lease/License
4%
8%
17%
Employment Related
Matters
29%
Foreclosure
Land Matters
Other Matters
8%
34%
Page | 41
AUTHORITY
R
CL
TOTALS
Treasury Department
Development Finance
Corporation
Court - Family
11
Court - Magistrates
11
Court of Appeals
Supreme Court
Page | 42
Labour Department
Fire Department
Village Council
Police Department
12
53
39
10
116
Prisons Department
15
Ministry of Agriculture
Transport Department
Ministry of Works
TOTALS16:
55
86
53
19
216
16
Does not include informal complaints, such as requests for assistance with land transfers
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LEGEND:
Page | 44
APPENDIX 2.
How to Make a
Complaint to the
Ombudsman
Before making a complaint to us,
have you already contacted the
government
department
or
authority to complain? Please note
that we do not usually investigate
complaints if you have not raised the
complaint with the department or
authority first. However, if you feel
you have a good reason not to contact
the authority first then please call or
visit us.
To help expedite the investigative
process, please try to write down
all relevant information pertaining
to the department or authority,
such
as
letters,
telephone
conversations, meetings, dates, names
you
in as
and
your
Email:
Website:
Facebook:
Opening Hours:
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Recommendations Implemented by
Authority. Case Closed.
Page | 46
Section 20
may enter any premises occupied
by any authority in order to
inspect any document or record
therein in respect of any matter
under investigation.
Section 21
shall inform the principal officer
of the authority concerned of
the result of his investigation
and,
if
necessary,
his
recommendations for action to
be taken by that authority.
Section 25
shall regard as secret and
confidential all documents,
information and things disclosed
to them in execution of any of
the provisions of this Act.
Section 29
shall, when investigating a
complaint, record in a register:
- the name of the complainant
- the subject matter and date
of the complaint
- the Ombudsmans decision
respecting the complaint
Section 30
Every person who wilfully
contravenes section 14, makes any
false
statement
to
the
Ombudsman or who obstructs,
hinders
or
resists
the
Ombudsman shall be guilty of an
offence and liable to summary
conviction.
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