Op-Ed

Airport Arrests

Op-ed by U.S. Ambassador John Rood
January 5, 2007

 

In the aftermath of the arrests last month of five Bahamians on charges of conspiring to import illegal narcotics to the United States, questions have been raised within the media regarding the legal basis for these arrests.  The answer is quite simple and straightforward.  The individuals were arrested under Title 21 U.S. Chapter 13, Sections 841 and 846 under which it is "unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance," or to attempt or conspire to commit such an offense.

As a result of investigations in the United States and The Bahamas over an extended period of time, evidence was collected in regard to a number of individuals and sealed indictments were prepared by a Grand Jury, which determined that there was a reasonable basis to arrest individuals involved in the distribution of illegal narcotics to the United States through the Lynden Pindling International Airport.  When some of these suspects traveled to the United States, they were arrested on the basis of these Grand Jury indictments.  Other individuals involved have been arrested in The Bahamas and will likely be tried here, and more charges could follow.  In all cases where individuals were arrested in the U.S., there was a strong U.S. nexus to the charges.

Many have asked why the individuals were arrested in the United States.  The short answer is:  the individuals were arrested in the United States because they violated U.S. law and were subject to arrest upon entering U.S. territory.  They entered U.S. territory on their own volition, and were not 'kidnapped,' 'whisked away,' or any of the other vivid but inaccurate descriptions I have seen in the media.  In fact, prior to the most recent arrests, seven other Bahamians were arrested between March and November 2006 for trafficking drugs to the United States on flights originating in the Bahamas.

Any American citizen or any foreign national who violates U.S. laws and is physically present in the United States is subject to arrest.  In the same way, if an American citizen was wanted in The Bahamas for violations of your country's laws and entered your territory, you would expect your law enforcement authorities to arrest that individual. 

I also would like to address a serious and unsubstantiated allegation that has been raised in some quarters suggesting that the individuals arrested in the United States will not enjoy due process of the law or a presumption of innocence.   The reality is that these individuals will have the same rights as any American citizen -- they will be presumed innocent until proven guilty, they will have the right to an attorney, and they will receive a fair trial.  As I noted to the media last week:  "If they are found guilty they will serve time; and if they are found not guilty they will be set free."

Any suggestion that there is no "presumption of innocence" in the U.S. is simply wrong.  The presumption of innocence is an inviolable element of U.S. law, just as it is here in The Bahamas.

The individuals arrested and charged have, however, been arrested because of compelling evidence that they were involved in drug trafficking to our shores.  A court of law will determine whether that evidence warrants a conviction.

All cooperation between the United States and the Bahamas on this matter has taken place "within the ambit of the law" and with full respect for Bahamian sovereignty.  The only people who have not respected national sovereignty are the drug traffickers who violate the laws of both our countries and disregard our borders as they ply their nefarious trade that harms children, destroys families, and ruins lives. 

The United States greatly respects the relationship that exists between our countries and our law enforcement agencies.  Our cooperation is a model for others because of our willingness to share manpower, intelligence, and technology, and to prosecute criminals who commit crimes that cross borders in both of our jurisdictions in accordance with the rule of law and our cooperative agreements.