Dominican man files lawsuit against arrest and detention in Antigua
The lawyer representing a Dominican businessman, detained here on his arrival at the V C Bird International Airport earlier this month, has filed a lawsuit against the Commissioner of Police and the Attorney General, seeking EC$100,000 in damages.
Police had arrested Dowlin Alexander based on a notice issued by INTERPOL on behalf of the French government. He was kept in a holding cell at the police station before being returned to Dominica without any charges being laid against him.
The lawsuit has been filed against the Commissioner of Police, Atlee Rodney, and Attorney General and Legal Affairs Minister, Steadroy Benjamin.
Attorney Wendel Robinson says the arrest breached his client’s right under the CARICOM treaty and all the regional policy rights dealing with a free movement within the Eastern Caribbean.
“So it is a breach of his liberty, breach of this freedom of movement, false imprisonment, I would say arbitrary arrest, being arrested and wasn’t given any reason, oral reason or any reason as to why he’s been arrested or detained.
“No documents were served upon him during the 48 hours laws he was detained, and also, there has been a breach of his treaty rights. We are members of the OECS (Organisation of Eastern Caribbean States).
“According to policies and so forth, everybody within the OECS moves freely among the OECS and remembers; he’s acquitted of an offence. He’s not yet charged with an offence. If the French authorities charged him, that is in the jurisdiction of the French authorities, but he is not in the jurisdiction of the French authorities. He was in the jurisdiction of Antigua and Barbuda, and Antigua and Barbuda had no justification for detaining him”.
Robinson said that even if a Red Notice had been issued by INTERPOL at the request of the French government based on several criminal activities, Antigua and Barbuda authorities could not have used the alert to arrest him.
“INTERPOL Red Notice serve as an alert to the countries concerned., But it does not automatically give anybody the right to have the person arrested, as the case may be. It is just a notice informing that this person is a person of interest wanted perhaps by another territory, and putting the jurisdiction of Antigua and Barbuda.
“So there should be perhaps a monitoring process. Now if the French government or the French authorities want him arrested, then there’s a process which has to be done,” Robinson said, adding, “As a matter of fact, in extradition matters, there is a nine-step approach that I have been taught.”
He said his client is seeking EC$100,000 based on his treatment and being placed in inhumane conditions when detained.
Robinson said the conditions at the St John’s Police Station have been bad for years, with no running water to flush toilets and faeces in the toilet bowl, among other matters.
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