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'Put me in a J'can prison, please!'
Welder serving life sentence in Cuba says Jamaican Gov't ignoring his plea
BY INGRID BROWN Observer senior reporter [email protected]
Monday, March 29, 2010
DERRICK Brooks, a 45-year-old man serving life for drug trafficking in a Cuban prison, has accused the Jamaican Government of refusing to facilitate his transfer to a Jamaican penal institution, despite willingness by the Cuban authorities to send him back home.
According to Brooks, there are more than 31 Jamaicans languishing in Cuban prisons who are desperately in need of help,<span style="font-weight: bold"> as they receive no rehabilitation, and are denied the opportunity to study or even visit the library in many cases.</span>
"I am on lockdown 24 hours a day although I might get just one day for a little sun...I have never been to the library -- to study or to work -- <span style="font-weight: bold">and I am a professional welder</span>," he said.
Brooks said he has not seen his wife or children since 2002 when she visited him and was locked up and interrogated by the Cuban authorities. "She has not been back since and I haven't spoken to my children in two years," he added.
Incarcerated since June 9, 2002 and sentenced to life for trafficking 500 grams of cocaine, Brooks says he has been appealing to the Jamaican Government from as far back as 2005 to facilitate his transfer, but to no avail.
According to Brooks, the Cuban authorities informed him in a letter dated October 2009 that they are willing to transfer him to Jamaica, under article six of the Vienna Treaty of 1988, which notes in paragraph 12 that "the Parties may consider entering into bilateral or multilateral agreements, whether ad hoc or general, on the transfer to their country of persons sentenced to imprisonment and other forms of deprivation of liberty for offences to which this article applies, in order that they may complete their sentences there".
But Brooks, who spoke to the Observer from his cell at the Combinado del Este prison, said the Cuban authorities have been waiting for the Jamaican Government to indicate a suitable sentence, since in the Jamaica Resident Magistrates' Court -- which is equivalent to the Court that tried him in Cuba -- a life imprisonment sentence would not have been imposed.
"A representative from the Attorney General's office has informed me that if the Jamaican ambassador here in Cuba could inform them of a sentence to which the Jamaican Government will facilitate my transfer, the Cuban Government will be willing to oblige us," said Brooks.
He also said he had written to the Cuban justice minister voicing concern that it would be unfair to be transferred to Jamaica with a life imprisonment sentence over his head, given that the sentence for drug crimes in Jamaica would not merit life imprisonment.
"I am very frustrated, because the Cuban Government is trying in every possible way to help me reconcile with my family but I am finding things very difficult with the Jamaican Government," Brooks told the Observer.
He noted, however, that Jamaican ambassador to Cuba Adale Robinson has since informed him that he cannot respond to the Cuban authorities unless instructed by the Jamaican Government.
"At this moment, the Jamaican ambassador or myself have not received any answer or comments from the Jamaican Government," said Brooks.
When contacted, Ambassador Robinson admitted knowledge of Brooks' case but said he needed to consult with the Ministry of Foreign Affairs before responding further.
Wilton Dyer, communications head at the Foreign Affairs Ministry, told the Observer that they intend to look further into the matter and would provide a more detailed response.
"I have spoken with the ambassador to Cuba and he told me it needs further consultation, so the ministry will look further into the matter," he said.
Brooks made specific reference to another inmate, Emerson Reynolds, who he said is suffering from auditory hallucination for the past two years but has never received any medical treatment.
He also highlighted the case of a third Jamaican who, he said, was among a group of men rescued on a boat 16 miles from Cuba with three ounces of marijuana, and for whom the Cuban authorities are seeking a sentence of up to 27 years.
He said there are many more similar cases involving Jamaicans who have been appealing for help from the Jamaican Government for years now, but to no avail.
"They have turned a deaf ear to our problem and the big question we have all been asking is 'are we unforgivable?'" said Brooks. "Are we not Jamaicans who deserve the help of the Jamaican Government?"
Brooks said their last hope is the media to put the spotlight on their concerns since all other means have failed.
Welder serving life sentence in Cuba says Jamaican Gov't ignoring his plea
BY INGRID BROWN Observer senior reporter [email protected]
Monday, March 29, 2010
DERRICK Brooks, a 45-year-old man serving life for drug trafficking in a Cuban prison, has accused the Jamaican Government of refusing to facilitate his transfer to a Jamaican penal institution, despite willingness by the Cuban authorities to send him back home.
According to Brooks, there are more than 31 Jamaicans languishing in Cuban prisons who are desperately in need of help,<span style="font-weight: bold"> as they receive no rehabilitation, and are denied the opportunity to study or even visit the library in many cases.</span>
"I am on lockdown 24 hours a day although I might get just one day for a little sun...I have never been to the library -- to study or to work -- <span style="font-weight: bold">and I am a professional welder</span>," he said.
Brooks said he has not seen his wife or children since 2002 when she visited him and was locked up and interrogated by the Cuban authorities. "She has not been back since and I haven't spoken to my children in two years," he added.
Incarcerated since June 9, 2002 and sentenced to life for trafficking 500 grams of cocaine, Brooks says he has been appealing to the Jamaican Government from as far back as 2005 to facilitate his transfer, but to no avail.
According to Brooks, the Cuban authorities informed him in a letter dated October 2009 that they are willing to transfer him to Jamaica, under article six of the Vienna Treaty of 1988, which notes in paragraph 12 that "the Parties may consider entering into bilateral or multilateral agreements, whether ad hoc or general, on the transfer to their country of persons sentenced to imprisonment and other forms of deprivation of liberty for offences to which this article applies, in order that they may complete their sentences there".
But Brooks, who spoke to the Observer from his cell at the Combinado del Este prison, said the Cuban authorities have been waiting for the Jamaican Government to indicate a suitable sentence, since in the Jamaica Resident Magistrates' Court -- which is equivalent to the Court that tried him in Cuba -- a life imprisonment sentence would not have been imposed.
"A representative from the Attorney General's office has informed me that if the Jamaican ambassador here in Cuba could inform them of a sentence to which the Jamaican Government will facilitate my transfer, the Cuban Government will be willing to oblige us," said Brooks.
He also said he had written to the Cuban justice minister voicing concern that it would be unfair to be transferred to Jamaica with a life imprisonment sentence over his head, given that the sentence for drug crimes in Jamaica would not merit life imprisonment.
"I am very frustrated, because the Cuban Government is trying in every possible way to help me reconcile with my family but I am finding things very difficult with the Jamaican Government," Brooks told the Observer.
He noted, however, that Jamaican ambassador to Cuba Adale Robinson has since informed him that he cannot respond to the Cuban authorities unless instructed by the Jamaican Government.
"At this moment, the Jamaican ambassador or myself have not received any answer or comments from the Jamaican Government," said Brooks.
When contacted, Ambassador Robinson admitted knowledge of Brooks' case but said he needed to consult with the Ministry of Foreign Affairs before responding further.
Wilton Dyer, communications head at the Foreign Affairs Ministry, told the Observer that they intend to look further into the matter and would provide a more detailed response.
"I have spoken with the ambassador to Cuba and he told me it needs further consultation, so the ministry will look further into the matter," he said.
Brooks made specific reference to another inmate, Emerson Reynolds, who he said is suffering from auditory hallucination for the past two years but has never received any medical treatment.
He also highlighted the case of a third Jamaican who, he said, was among a group of men rescued on a boat 16 miles from Cuba with three ounces of marijuana, and for whom the Cuban authorities are seeking a sentence of up to 27 years.
He said there are many more similar cases involving Jamaicans who have been appealing for help from the Jamaican Government for years now, but to no avail.
"They have turned a deaf ear to our problem and the big question we have all been asking is 'are we unforgivable?'" said Brooks. "Are we not Jamaicans who deserve the help of the Jamaican Government?"
Brooks said their last hope is the media to put the spotlight on their concerns since all other means have failed.
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