News

Caribbean Court of Justice Rules For Shanique Myrie in Suit Against Barbados

By: Caribbean Journal Staff - October 4, 2013

Above: the Caribbean Court of Justice

By the Caribbean Journal staff

In a landmark decision, the Caribbean Court of Justice has ruled in favour of Jamaican national Shanique Myrie in her lawsuit against the government of Barbados.

Myrie had brought an action in 2012 against Barbados alleging maltreatment at the Grantley Adams International Airport that included what she alleged was an inappropriate bodily search and unlawfully deported.

The CCJ awarded her $37,500 USD in damages to be paid by the government of Barbados.

The CCJ found that Myrie had been wrongfully denied entry into Barbados, subjected to a “humiliating cavity search” and had been unlawfully detained overnight in a cell and expelled from the country.

The judgment has major significance for a court that is seeking to gain legitimacy within a region most of whose governments still retain the UK Privy Council as their final court of appeal.

The court had jurisdiction because Myrie had alleged a breach of CARICOM law, namely her right to free movement within CARICOM under the Revised Treaty of Chaguaramas.

The Court rejected Myrie’s claim that she had been discriminated against on the basis of her Jamaican nationality, however.

The CCJ in its judgment held that CARICOM nationals are entitled to enter CARICOM Member States “without harassment or the imposition of impediment” and to stay up to six months.

The right was derived from the Revised Treaty of Chaguaramas and a 2007 CARICOM Decision made at the Conference of Heads of Government of CARICOM.

The court found that the right requires Member States to give both “written reasons for the refusal” and to “advise them of their entitlement to access meaningful judicial review.”

The right can only be denied, the court said, when the visitor is an “undesirable person” or “one likely to become a charge on public funds.”

Undesirable means a person who “poses or can reasonably be expected to pose a genuine present and sufficiently serious threat affecting one of the fundamental interests of society,” the court said.

The CCJ additionally ordered Barbados to refund Myrie her medical expenses, her airline ticket and her reasonable legal expenses.

CCJ President Sir Dennis Byron presided over the court, along with justices Nelson, Saunders, Bernard, Wit, Hayton and Anderson.

Michelle Brown and Nancy Anderson represented Myrie, while Roger Forde, QC, Patterson Cheltenham QC, Donna Brathwaite, QC, Dr David Berry and Nargis Hardyal appeared on behalf of Barbados.

Kathy-Ann Brown, Lisa White and O’Neil Francis appeared for Jamaica, which acted as an intervener, and Safiya Ali appeared on behalf of the Caribbean Community in the case.

For the executive summary of the judgment, click here.

Popular Posts belize hotel mayan world

At the Falling Leaves Lodge in Belize, a Portal to the Maya World

SAN IGNACIO — There has been some form of settlement on this site for more than 3,000 years, here on a leafy hill above the town of San Ignacio, Belize. In other words, this is no ordinary hill. This is Cahal Pech, […]


In San Ignacio, Belize, The Art of Adventure (And Pupusas)

pupusas belize

The sizzle is calling you. In the early morning, corn tortillas stuffed with cheese and beans and meat sing a particularly strong siren song.  It could be that perfect blend of dough and heat, or the aroma. It might just […]


Delta Is Adding More Nonstop Curacao Flights, Citing “Booming Demand”  

the beach at the avila hotel in curacao

Curacao is hotter than ever, with a wave of new hotels and record-breaking tourism numbers. And just a few months after Delta made its long-awaited return to the island, the carrier is adding even more flights.  The reason? What Delta […]


Related Posts saint lucia

A New Way to Travel From Europe to Saint Lucia 

There’s a new way for European travelers to visit the island of Saint Lucia, thanks to a creative new program by French carrier Air Caraibes.  It’s called Navigair, and it facilitates connections from Paris to Saint Lucia by a combination […]


Your Own Little Beach Bar in Aruba 

surfside aruba beach bar

A bucket of Brights, a few chairs and the perfect beach afternoon. At Aruba’s Surfside Beach Bar, the formula is simple and flawless.  If you’ve been to the Dutch Caribbean island of Aruba, you know the island does not lack […]


It's Getting Even Easier to Fly to Costa Rica

a room at the nayara gardens resort with a balcony

It’s getting easier than ever to fly to the eco-tourism hotspot of Costa Rica, and now American Airlines is set to launch another expansion to the Central American country.  This summer, American Airlines is planning to double its nonstop flights […]


SUBSCRIBE!

Sign up for Caribbean Journal's free newsletter for a daily dose of beaches, hotels, rum and the best Caribbean travel information on the net.


No. Thank You