Turks and Caicos Islands

On 14 August 2009, following the finding by a Commission of Inquiry that

there was a high probability of systemic corruption among members of the
Turks and Caicos Islands government and legislature and public officers, the
governor of the Turks and Caicos Islands, on the instruction of the Foreign
Secretary, brought into force an Order in Council suspending parts of the
Turks and Caicos Islands’ constitution. This action was taken to enable the
governor to restore the principles of good governance, sustainable
development and sound financial management to the Territory. In
September, Henry Bellingham announced that this suspension would
continue and that the elections that it had been hoped would take place in
2011 would be postponed. In December, Henry Bellingham and Minister of
State for International Development Alan Duncan set out the milestones which
they envisaged would need to be met before elections could take place.

The 2009 Order left in place the fundamental rights chapter of the constitution
which reflects the European Convention on Human Rights and the
International Covenant on Civil and Political Rights. It removed the
constitutional right of an individual to trial by jury. This does not mean that
trial by jury has been abolished; rather it allows the local law to provide for
trials without a jury in appropriate cases. This is wholly consistent with the
European convention, under which there is no automatic right to trial by jury.

On suspension of the Islands’ House of Assembly by the 2009 Order, the UK

withdrew its acceptance of Article 3 of Protocol 1 of the European convention
in respect of the Turks and Caicos Islands. Article 3 requires the holding of
free elections at reasonable intervals by secret ballot, under conditions which
will ensure the free expression of the opinion of the people in the choice of the
legislature. The withdrawal is for a limited period until the principles of good
governance have been restored and elections held in the Islands.