People detained under Preventive Detention Orders (PDOs) should receive some form of compensation for the conditions in which they were held, says Prisons Officers’ Association (POA) president Gerard Gordon.
Gordon’s comments come amid growing calls for compensation from former detainees and their relatives, following reports of harsh conditions at detention facilities during the State of Emergency (SoE).
Former detainee Arnez Payison, who was released without charge, said on Tuesday that an apology from the State would not be enough for the time he and others spent in detention.
The 23-year-old minimart owner described conditions at the Eastern Correctional Rehabilitation Centre as unfit for human habitation and said former detainees deserved compensation for the time they lost.
“Money. Compensation. Six months of wasted time. We can’t get back that time,” Payison said.
Attorney Nyree Alfonso also said people who were wrongfully detained under a PDO could have grounds for legal action against the State, with the conditions in which they were held potentially affecting damages.
Alfonso said reports of detainees being held in conditions including a 20-foot container with rats and cockroaches, no running water and a clogged toilet could be relevant to any claim.
Speaking to Guardian Media, Gordon said he agreed that compensation should be considered, particularly for people who were never charged.
However, he said compensation would not address the wider problem of poor conditions within the prison service.
“What I believe the point is being missed is that there is no move by the State to improve those conditions,” he said.
Gordon said the issue was particularly concerning because people detained under PDOs had not been convicted of any crime and, in some cases, had not even been charged.
He said there was no detention centre specifically built to accommodate people held under PDOs, meaning they were placed in the same conditions as people who had been arrested and charged, were on remand or had been convicted.
“It is no secret; we have been saying it for a while now, the prison is not fit for dogs,” Gordon said.
Gordon said the State also needed to consider what would happen if similar emergency measures were introduced in the future and people were again detained under PDOs.
“The prison service should not continue to suffer because it is not politically sexy to do so,” he said.
At least four prison officers were also detained under PDOs during the SoE.
Gordon said the association would support officers who remained in good standing, particularly those who were never charged.
Gordon said some officers had suffered damage to their lives and livelihoods and expressed concern that they had also faced negative treatment from some of their own colleagues. He said detention or arrest should not automatically be equated with guilt before a charge is laid or a court has adjudicated the matter.