BAD member claims soldiers were made to urinate into tin cans
A member of Bermudians Against the Draft (BAD) witnessed soldiers being made to carry large logs and urinate into cans during his time in the Regiment, Supreme Court heard.The allegations came as lawyer Eugene Johnston told Puisne Judge Norma Wade-Miller that members of BAD should have been exempted from service due to their strong beliefs.He alleged some were not given fair hearings by the Defence Exemption Tribunal, while others did not get a fair opportunity for a hearing.The campaigners hope Mrs Justice Wade-Miller will rule in favour of their claims that compulsory military service contravenes various articles of the Constitution and should be declared unlawful.Government is opposing the court action, and senior Regiment officers dispute some of BAD’s claims, although one admitted soldiers may have been ordered to urinate in tins.Mr Johnston yesterday listed the rights to freedom of conscience, freedom from forced labour, freedom from torture or degrading treatment and freedom of religion and belief as key Constitutional areas at stake.He told the judge the men believe forced service is not justifiable under any circumstances and conscription is an exercise in forced labour.He drew the judge’s attention to a sworn statement filed by BAD member Jamel Hardtman. Mr Hardtman spent around six months in Regiment service from January to June 2001 before he left and refused to continue.In his statement, Mr Hardtman, 29, said: “We [BAD] believe that the worth of the Regiment is overshadowed by the numerous rights violations and abusive practices of those who administer that public service.“For these reasons, me, and other members of BAD, cannot in good conscience allow ourselves to be subjected to mandatory military service in the Regiment.”He said he witnessed bad language and bribery directed towards subordinates by higher-ranking officers during his time at Warwick Camp.“On the subject of torturous behaviour, I witnessed and was victim to a requirement that during late hours, grown men are forced to pee in tins.“I have seen soldiers subject to disciplinary penalties which include carrying around a large log on their heads and necks,” he claimed.Mr Hardtman, a former Hott 107.5 radio presenter who is now studying for an MBA overseas, was arrested last summer for failing to complete his service.He claims when he asked to attend a defence exemption tribunal to argue he is a conscientious objector, the hearing was twice scheduled for dates he was unable to attend due to educational commitments.In a sworn statement on behalf of Government, Regimental Sergeant Major Leopold Lee stated in response to Mr Hardtman’s claims: “Whilst I cannot deny that junior instructors may in the past have ordered recruits to urinate in tins, the recruit training teams have been directed by the Commanding Officer both directly and through a number of senior officers to ensure that this type of order is not given, and anyone found guilty of instructing recruits to do so would be dealt with severely.”With respect to the log allegation, he said: “The Bermuda Regiment’s disciplinary measures do not include the treatment described, nor do they include any similar treatment.”Major Warren Furbert, who is responsible for arranging exemption tribunals, said the second tribunal arranged for Mr Hardtman went ahead without him as members’ travel plans meant it would be difficult to reschedule.Mr Johnston told the court other members of BAD have appeared before the Defence Exemption Tribunal. He argued that they should have been accepted as conscientious objectors due to their strong beliefs, but were rejected instead.He claimed that they did not get a fair hearing for reasons including the fact that several figures involved in the tribunal have ties to the Regiment, including Major Furbert himself.Mr Johnston said the tribunal is supposed to be independent, but its members are appointed by the Governor, who is the head of the Regiment.Until late last year, all the tribunals were held at the Regiment’s Warwick Camp headquarters.“The exemption tribunal is not independent and impartial,” claimed the lawyer.Major Furbert told the hearing on Monday that he provides “administrative support” to the tribunal such as handing out copies of the Defence Act. Sergeant Major Chauncey Durham “controls the entrance of persons into the tribunal”.He said a decision has been made to hold all tribunals outside of Warwick Camp in future “due to the issue of fairness”.Bermudians Against the Draft lost cases at the Supreme Court, Court of Appeal and Privy Council over the course of 2007-10, which were based on the Human Rights Act. Now, they are back at Supreme Court for a fresh case, this time based on Constitutional arguments.Mr Johnston concluded his legal submissions yesterday and Crown counsel Shakira Dill is due to address the court on behalf of Government today.