Amnesty International has received credible allegations that Kazimierz Kwasiborski, an untried prisoner and Polish national, died in prison on 28th August 2002 after being repeatedly denied requests to access medical, legal and consular assistance.
The reports suggested that Kwasiborski, a severe asthmatic, was denied requests to have his asthma medication with him or administered to him by both the police officers who arrested him and subsequently by prison officers, although oxygen was reportedly administered to him on several occasions.
He allegedly slept standing up, leaning against the wall or squatting, for fear of suffocation.
On 14th August, his attempt to raise his request for medical assistance in court was reportedly dismissed. He had appeared in court without legal assistance. On the day of his death, prisoners reportedly summoned help after he suffered another asthma attack. However it is alleged that instead of being provided with medical assistance, he was carried by a prison guard to an isolation cell where he was left without observation. The Polish consular authorities appear to have been informed of Kwasiborski's detention an unexplainable 46 days after his initial detention on 5 September 2002, in violation of international agreements on foreign nationals' home governments being promptly informed of their detention.
The subsequent investigation into his death appears to have failed to conform to an even minimal degree of international standards. These require that investigations into deaths in custody are conducted promptly, independently and impartially and should include adequate autopsies. Amnesty International requested a forensic expert, Professor Derrick Pounder, to review the report of the autopsy carried out after his death at a local hospital. He concluded that it "failed abysmally to adhere to international law or standards for autopsy procedure. There was no thorough search for injuries or unnatural cause of death and the autopsy failed even to establish the cause of death." The family was unaware that the autopsy was taking place and therefore was unable to appoint an independent medical or qualified representative to observe the autopsy. A request for information from the Government on the case had not been replied to by September 2003.
Further investigation by an independent investigator hired by Bahamas B2B has resulted in allegations that the "execution" of Captain Kwasiborski and subsequent cover-up of his case was ordered by persons at a very high level of the Bahamian government. Kwasiborski's demise was intentional, it has been suggested, as senior Defense Force officers and Immigration Department officials were allegedly trying to keep the lid on a massive Chinese immigrant smuggling ring that some senior Bahamian government employees are personally involved in, or receive money from. It has been romoured that the corruption goes to the very highest levels of the Immigration Department. Requests for further information or a government inquiry have been denied.
