The Gilbert family is considering a different legal route, after the CCJ dismissed their case against Barbados on Monday.
Attorney at law representing the family Ruggles Ferguson on Tuesday said this is not the end of the road, as the family seeks justice over what they claim to be unfair and unjust treatment at the hands of Barbados officials last year.
The Caribbean Court of Justice on Monday ruled that there is not enough evidence to prove discrimination, in the matter involving the Gilberts against the state of Barbados.
However, according to Attorney at law, Ruggles Ferguson, the CCJ’s ruling does not mean an end to the Gilberts’ matter.
He says they family has the option of pursuing the matter through the local court system in Barbados.
This matter dates back to 2016 when the Gilbert family traveled to Barbados for the purpose of renewing their visas. Two family members were accused of theft, subsequently detained and stripped searched by Barbados police.
They claim they were detained unless part of their statement was removed.
The family sought redress on the grounds of violation and restriction to their freedom of movement by the Barbadian Police.
According to Attorney representing the Gilberts Ruggles Ferguson, their matter was filed under article 45 of the revised treaty of Chaguaramas.
According to him, this is not a victory for Barbados, as the incidences of detention and strip searching were not issues before the CCJ, instead it was the matter of freedom of movement.
As it now stands the Gilberts can no longer pursue the freedom of movement through the CCJ.
Tamika Gilbert, one of the victims, expressed dissatisfaction with the outcome of the freedom of movement ruling.
“It’s a little bit disappointing cause then it seems that this would just get swept under the rug and an issue like this would not get the attention that it needs. An issue like this needs way more attention than its getting now, because we are not the only ones” Tamika says.
She added “At no point during the ordeal on that day it felt like I was being protected. It boiled down to them protecting themselves.”