Woman awarded $400,000 after unlawful detention in adult prison as a teen

A Trinidadian woman has been awarded $400,000 in damages after a High Court judge found her constitutional rights were violated during an unlawful detention. Kylise Romain was held for 42 days in the Adult Women's Prison at Golden Grove, Arouca, when she was just 14 years old.

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the State had unlawfully detained her in the Adult Women’s Prison at Golden Grove, Arouca, when she was 14 years old.

Justice Nadia Kangaloo ruled on May 21 that Romain's detention between June 26 and August 6, 2014, breached her constitutional rights. The ruling came after Romain brought a constitutional motion against the Attorney General of Trinidad and Tobago, alleging her rights under sections 4 and 5 of the Constitution were violated.

Romain was brought before the Magistrates' Court on June 26, 2014, under the "beyond control" provisions of the Children Act after her parents alleged she was an uncontrollable child. She was remanded to the Adult Women's Prison pending the adjournment of the matter, despite not being arrested, charged, or convicted of any criminal offense. She alleged she was not given an opportunity to explain her circumstances before being remanded.

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the claimant’s detention between June 26 and August 6, 2014, breached her constitutional rights.

Upon arrival at the prison, Romain described undergoing admission procedures for adult prisoners, including a strip search, and being deprived of her personal belongings. As a Form Three student at the time, she alleged experiencing significant emotional and psychological trauma during her 41-day detention. She claimed adult inmates heckled and sexually harassed her, while prison officers observed her during private moments. For one week, she was placed in solitary confinement in a dark cell, using a bucket as a toilet.

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Romain was brought before the Magistrates’ Court on June 26, 2014 and ordered detained at the Adult Women’s Prison pursuant to section 44(4) of the Children Act.

Adding to her distress, Romain was housed alongside minors charged with serious criminal offenses, including a woman later convicted of murder. She alleged that references to this murder charge by guards and inmates were used to intimidate her, causing fear, anxiety, and emotional distress. The claimant stated that prison officers dismissed her concerns.

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She stated that she had not been arrested, charged or convicted of any criminal offence, but was remanded to the Adult Women’s Prison pending the adjournment of the matter.