Trinidad and Tobago High Court orders state to compensate HIV-positive ex-prisoner
Justice Kevin Ramcharan of the High Court in Trinidad and Tobago has ordered the state to pay TT$350,000 in compensation to a former prisoner who suffered discrimination and denial of medical treatment due to his HIV-positive status.
The judge condemned the prison officers’ actions as a deliberate violation of the ex-prisoner’s fundamental rights.
Violation of fundamental rights
Justice Ramcharan emphasized that the denial of adequate medical care to the ex-prisoner solely because of his HIV-positive status infringed upon his rights to life, security of person, and equality of treatment.
Despite the ex-prisoner’s repeated pleas for medical attention, prison authorities neglected his deteriorating health condition, leading to severe consequences.
Case background
The 45-year-old ex-prisoner, who has chosen to remain anonymous due to the stigma associated with his HIV status, endured a harrowing experience during his incarceration from 2017 to 2019.
His ordeal began when he developed a small abscess on his right foot in 2018. Despite his requests for treatment, he was only attended to after collapsing in agony.
Subsequent attempts to address the abscess were insufficient, resulting in further complications and rendering him unable to walk.
Discrimination
Medical professionals had recommended surgical intervention at the Port of Spain General Hospital, where efforts to save his limb were partially successful.
However, upon his return to the prison’s infirmary, the ex-prisoner faced discrimination and neglect.
Prison officers refused to provide essential wound care, citing his HIV-positive status as justification. Consequently, his condition worsened, leaving him permanently disfigured and handicapped.
Judicial findings
Justice Ramcharan dismissed the state’s argument that the lawsuit was frivolous, emphasizing its significant merit.
While negligence could not be definitively proven, the deliberate denial of medical treatment based on HIV status was deemed a deliberate act by prison authorities.
The judge highlighted the lack of adequate evidence of proper treatment and condemned the systemic discrimination revealed in the case.
Legal implications
While acknowledging the breaches of the ex-prisoner’s rights and the clear discrimination he faced, Justice Ramcharan clarified that the court could not declare the prison authorities’ actions as unlawful under prison rules.
Such determinations, he stated, fall under the purview of judicial review rather than constitutional claims.
Nonetheless, the state has been instructed to cover the ex-prisoner's legal expenses, marking a significant step towards accountability and justice.
