– Justice Singh
Chancellor (ag) Justice Carl Singh says judicial training is an “absolute requirement” in the fight to end violence against women and according to him, judges and magistrates need to understand the social underpinnings that inform the promulgation of legislation on the issue.
Training cannot be overemphasized, he said, noting that persons sitting on the bench need to have an awareness of the real life problems that people experience in their everyday activities. Justice Singh made the comments during the Caribbean launch of the United Nations Secretary-General’s Unite to End Violence Against Women Campaign in Barbados last week.
The two-day launch in Barbados ended with calls to strengthen the administration of justice, particularly through capacity-building for members of the judiciary (at all levels); prosecutors and the police – to enhance gender sensitisation and awareness in addressing the issue of gender-based violence.
Speaking of challenges at home, Justice Singh mentioned two incidents; one of which occurred shortly after sexual reform laws were passed in the National Assembly. He recalled a magistrate saying that the majority of sexual violations against women in Guyana are as a result of how young women dress. “…This was a gross embarrassment to have to answer to this kind of ridiculous comment from a magistrate”, he told the gathering.
He recalled also that another magistrate had refused to hold an in-camera hearing in a sensitive domestic violence matter. Justice Singh said he sent for the magistrate and was bluntly told that in-camera hearings were “tremendous inconveniences” to his court. Justice Singh said he cautioned the magistrate that if he was unable to comply with the laws then resignation was the next step. “…Thankfully he is no longer with us,” he added, but said nothing further of the story.
Justice Singh made the point that it is important for governments across the Caribbean including Guyana to honour the budgets submitted by the judiciaries. He opined that the fight against domestic violence and sexual abuse can only achieve success if governments commit to judiciaries the resources that are necessary. This, he said, would ensure that judges and magistrates have the benefit of the training which will give them the expertise to deal with such matters.
“I would be the first to admit that in judiciaries within the region and elsewhere you have judges and magistrates who are eccentric and who are insensitive…” he said, noting that this is the kind of callousness that is demonstrated by some members of the judiciary.
Prior to the statements made by Justice Singh a woman’s activist from Trinidad and Tobago spoke of her disgust with a member of the judiciary in her country who she said openly told an accused during a bestiality trial, “a woman is as easy to get as a box of chicken and chips”.
The conduct of members of the judiciary and police officers were also scrutinised and calls were made for ongoing training in both sectors. Jamaica’s Director of Public Prosecutions Paula Llewellyn addressed the issue of the police and their approach to sexual violence.
She said it is only with integrity, accountability and courage that a good police officer can operate as a professional in any sphere dealing with any subject matter including violence against women. She stated that some officers are insensitive to the plight of women, noting that continued training is important.
Llewellyn said there is the other side when women make up with their abusers and “become their strongest defenders”. She said these women often refuse to assist with police investigations and later go to the courts and beg judges and magistrates to spare their abusers; she recalled a recent case in Jamaica where a man hired someone to kill his wife. The contract killer later opted out saying the woman was too beautiful for him to murder her, and after the husband was charged the woman begged the court to spare him – he was sentenced to 18 months in prison.
She opined that to change the culture to end violence against women, an officer has to build trusting relationships and partnerships with the community members to address specific problems such as violence against women which often times is unreported and becomes a silent crime. “The community policing officers have and should continue to focus on women who have been victims of violence so that specific attention can be placed on solving and eventually eradicating problems that result in social and physical disorder which affect these women,” she added.
Further, she said women need to assist in the fight against violence that is committed against them and also stand up for themselves. She said too that if there is no complainant then there is no case, adding that the absence of reporting by female victims hamper police investigations and strengthen the offender to repeat his actions, thereby perpetuating the cycle of violence.
A call was also made at the Barbados meeting for national parliamentarians throughout the Caribbean to engage as partners in the ‘Unite to End Violence Against Women’ campaign.
Additionally, the meeting expressed its commitment to solidarity and partnership with women and girls in Haiti to overcome violence, inequi-ty and injustice.