The Supreme Court of The Bahamas has awarded US$25,000 to Sonette Joseph, a woman born in The Bahamas to undocumented Haitian parents, ruling that her month-long detention in 2018 without charge, court appearance, or deportation order was a breach of her constitutional rights.
Acting Registrar Renaldo Toote determined that Joseph’s detention at the Carmichael Road Detention Centre violated Articles 17 and 19 of the Bahamian Constitution, calling the entire process “unlawful from the outset” and a violation of fundamental protections guaranteed under Bahamian law.
Joseph, now 47, had returned to The Bahamas in May 2017 after spending much of her life in Haiti. She was arrested during an immigration raid on July 6, 2018, at her residence, despite presenting her original Bahamian birth certificate to authorities. She was subsequently held for 30 days without being charged or appearing before a court, and with no deportation order issued.
“Detaining someone without charge, without a court appearance and without confirming their immigration status is a clear breach of the constitution,” the registrar ruled, emphasizing that the law requires immigration detention to be reviewed within 48 hours.
During court proceedings, Joseph testified—through a court-appointed Creole interpreter—that she had been slapped, pushed, verbally abused, denied legal representation and hygiene products, and made to stand in the sun for extended periods during her detention. She also described unsanitary conditions at the centre and said she suffered embarrassment, emotional distress, and reputational harm.
While some of Joseph’s more serious allegations—such as physical abuse and denial of basic care—were dismissed due to inconsistent testimony and lack of corroborating evidence, the court found that her detention alone constituted a clear violation of her rights.
Joseph had sought US$270,000 in damages, but the court awarded her a total of US$25,000: US$20,000 in general damages for unlawful detention and US$5,000 in aggravated damages for the distress and humiliation she endured. The court declined to award exemplary damages, stating there was “no proof of deliberate misconduct or systemic abuse by the authorities.”
The case marks a significant affirmation of constitutional protections for individuals with unresolved immigration status and reinforces the legal requirement for due process in detention cases.
