The Caribbean Court of Justice (CCJ) on Monday dismissed an application for special leave in the original jurisdiction matter of the Gilbert family of Grenada and the State of Barbados.
The Grenadian family was seeking to take legal action against Barbados, accusing the island of violating their right to freedom of movement under article 45 of the Revised Treaty of Chaguaramas.
The family had visited Barbados for a day in October 2016, when they were arrested and detained for 6 and a half hours, though without charge.
The daughters, Tamika and Lynnel, claimed that they were subjected to degrading treatment by the police and Tamika alleged that she was made to remove a portion of her written statement recounting the degrading treatment, before the police would allow the family to leave.
Barbados denied their claim and opposed the grant of leave, arguing that the applicants had not fulfill led the requirements of the revised Treaty of Chaguaramas necessary to commence legal action.
The CCJ judgement pointed out that the applicants were taken into police custody for the purpose of police investigations and that freedom of movement did not immunize CARICOM nationals from the operation of law enforcement agencies in the receiving state.
In addition, the CCJ held that the applicants would have had to set up an arguable case of discrimination based on nationality only and this they failed to do.
