Feetham explores overseas prisons for convicted child sex offenders, alongside tougher laws 

The Minister for Justice, Nigel Feetham, is exploring whether convicted child sex offenders can be transferred to prisons in other countries to serve their sentences, with plans to initiate contact with Morocco, having already discussed the issue with authorities in El Salvador. 

The move is in response to the rising number of cases and convictions related to child sex offences and the limited space available in Windmill Hill prison. 

But the proposal will be controversial, not least because of the human rights records of already-overcrowded prisons in some of the countries being considered. 

Remote as the prospect might seem, however, Mr Feetham told this newspaper it could be possible “subject to constitutionality”. 

The Justice minister said total capacity in Windmill Hill prison is 98 and there are currently 40 prisoners. Within this, the sex offenders' wing can hold up 22 inmates. 

According to court statistics provided to Mr Feetham, there are 11 cases relating to sexual offenders in the Supreme Court and four in the Magistrates’ Court, of which nine relate to children. 

If all these offences end in convictions, this would result in 23 inmates in prison for sex offences, which would mean the sex offenders' wing would run out of space. 

Mr Feetham added that although he is not privy to RGP figures, he estimates that there could be more cases currently under investigation. 

The issue with capacity within the prison has led him to explore alternative solutions, as in his view, early release is “absolutely not on the cards”. 

Mr Feetham said that he wants to keep inmates in Gibraltar to serve their sentences, but he is “actively considering” whether to send the “worst offenders” to serve their sentences elsewhere. 

“I emphasise that it is for the worst offenders, those that involve horrendous crimes against our children, whether or not those offenders should serve their full prison sentence in a prison outside Gibraltar,” he said. 

Mr Feetham has considered El Salvador, Morocco and Spain, but has not begun conversations with either Morocco or Spain. 

He added that he is in the “process of reaching out” to begin conversations with Morocco. 

“I'm saying there is no early release for any offender, these [child sex] offenders specifically,” he said. 

“So I am considering that if this needs to be done, subject to the constitutionality, to therefore effectively be transferring them to a Spanish prison, or I am willing to consider Morocco.” 

Mr Feetham said he has had “some engagement with El Salvador” during his visit to the South American country but added that there are practical limitations to sending a child sex offender to a Salvadorian prison “on the other side of the world”. 

He added that he has established relationships with El Salvador and had some discussions that include the Salvadorian Justice ministry. 

“We haven't had any conversation about the logistics [with El Salvador], but in my mind it is certainly on the cards, except that it's geographically at such a distance that I think it would not be practically feasible to do so,” he said. 

Other factors that would make any such an arrangement extremely unlikely include the fact that Salvadorian prisons have been heavily criticised by human rights organisations including Amnesty International, which has condemned them for "extreme overcrowding" and inhumane conditions including incommunicado detention. 

BILL 

For Mr Feetham, offences against children need to be targeted in separate legislation, which includes introducing offences involving psychological and physical abuse, and his team has drafted the Criminal Justice Child Protection and Victims Bill. 

“We've got to also, as a society, make sure that if we are serious about protecting our children, that we deal with offences of that nature,” he said. 

“We are also going to be expanding the offences that involve criminal offences of persons that are in a position of trust that commit sexual offences against children from a position of trust.” 

The Bill will introduce further positions of trust to include anyone in a mentorship capacity in sport, religion and youth organisations. 

Mr Feetham added that there is a “gap in the law” for non-photographic images such as cartoons or AI-generated images, and that these will be covered in the Bill 

“Paedophile manuals” will also be criminalised and a legal framework will be introduced for victims to be notified and consulted called a “victim support framework”. 

This will make provision that, during the investigation or prosecution of criminal offences, victims are provided with “appropriate information, support, and protection”. 

He added that victims who have elected to receive information will be contacted about any decision “not to proceed with, suspend, discontinue, revive, or conclude an investigation or prosecution”. 

“It's the first time in the history of Gibraltar that victims are being put at the very heart of the justice system,” he said. 

The Bill is currently in draft form and has yet to be published. Mr Feetham is waiting for further engagement with the Government Law Offices. 

FURTHER MEASURES 

Mr Feetham’s proposed measures against child sexual offenders have been sweeping and include chemical castration and changes to parole eligibility and sentences.  

At times during the interview, he became emotional when discussing the subject. 

When asked whether there is concern that he risks stepping into areas of responsibility that belong to other parts of the criminal justice system including the judiciary, Mr Feetham said he believes he has not interfered with judicial decisions. 

“I have no concerns about the judiciary taking decisions that they've taken, because those decisions are taken by an independent judiciary, and the judiciary, and indeed a judge, applies the law as they find it,” he said. 

“The judge cannot apply a law which is not there.” 

He said he respects judges' discretion and has not interfered in judicial decisions or enforcement matters. 

What he has done, Mr Feetham said, is apply his “own constitutional right to change the law.” 

“But that doesn't mean that as Minister for Justice, I don't have the competence, because I do, to change the law if I think the law needs to be changed because different circumstances dictate that the law should say that a different decision should be arrived at,” he said. 

“That is not questioning a decision that has been taken.” 

The changes to the laws relating to child sexual offences also include how police cautions are processed. 

Mr Feetham said a caution is “an admission of guilt” and his position was that a decision to give a caution should only be taken by an officer of at least Superintendent rank and that this should only be in exceptional circumstances. 

These circumstances are confined to facts and evidence of the matter, he said. 

“The starting point is that, even if you think that there are exceptional circumstances, you do not take a decision without consulting victims,” he said. 

“So I made it a point, and at the heart of the decision-making process, that before a decision is taken, they need to consult victims.” 

He has also passed a law increasing the jail term for offences involving indecent images of children by 40%, and the length someone must serve before being eligible for parole. 

Under Gibraltar law, prisoners must serve 50% of their sentence before being eligible for parole. 

Mr Feetham has changed this for matters relating to child sexual offences specifically, and the law is now that inmates should serve at least 75% of their sentence. 

Initially, he said, he wanted child sex offenders to serve the entire sentence without parole, but he received advice regarding the rehabilitation of offenders and instead changed the position to parole only after 75% of a sentence has been served. 

“My view is that people should serve their time in jail, that people who commit offences against children and sexual offences generally should serve full custodial sentences,” Mr Feetham said. 

He added that he is “not concerned about rehabilitation of offenders”. 

“My view was full sentence, rehabilitation was put as an argument,” he said. 

“I said, as far as I'm concerned, that doesn't persuade me.” 

He was given advice that parole is an incentive for inmates to behave in prison and comply with prison rules or take part in a rehabilitation programme. 

Mr Feetham has also amended the law that a convicted sexual offender can only receive bail in exceptional circumstances when awaiting sentencing. 

Further measures he has tabled include mandatory castration for convicted child sex abusers. 

“We engaged with the UK. They haven't taken that off the table, by the way,” he said. 

“[The UK has] gone down on the record as saying that the [UK] Government is now again considering chemical castration in a mandatory context, no longer voluntary.” 

He said that, rather than him pursuing a course of action that puts him “potentially at loggerheads constitutionally in a court in Gibraltar”, it has been favourable for him to continue conversations with the UK. 

“More specifically, if indeed the UK does go down this route, they will settle the constitutional question, so right now I am saying it's not something that is in motion [in Gibraltar],” he said. 

The measures also include the possibility of wealthy inmates contributing towards their care, which would be to be assessed.