A joint study by human rights group Jamaicans For Justice (JFJ) and the George Washington University Law School, entitled 'Killing Impunity: Fatal Police Shootings and Extrajudicial Executions in Jamaica', has attacked the Bureau of Special Investigations (BSI), the Office of the Director of Public Prosecutions (DPP), and the judicial system of Jamaica.

The study, which levelled accusations of bias, and unprofessional and inept practices by the three bodies, was submitted to the Inter-American Commission on Human Rights last Friday. The BSI and DPP were identified by the report as part of the problem of impunity of the security forces in controversial killings.

Of the BSI, the report said it was overworked and overwhelmed. It accused the BSI of not completing investigations in the required time of six weeks.

It also made note of the absence of legal sanctions against police officers who failed to cooperate with the BSI.

Commissioner of Police Rear Admiral Hardley Lewin, in a press conference on Monday, told the media that it was mandatory for members of the JCF involved in shootings to report to the BSI. The commissioner also removed 467 cases, which did not involve serious injury or death from the BSI to divisional levels, to ease the workload of the BSI.

BSI's responsibilities

The BSI, a division of the Jamaica Constabulary Force, is responsible for investigating all cases involving the discharge of firearms by the police, especially those resulting in injury or death.

"Particularly worrisome is the Bureau of Special Investigations to conduct timely, adequate and effective investigations. And indeed, the BSI itself, perhaps best demonstrates the institutional bias that can occur when cops have to police cops," said Shaun Wilkinson, an attorney for JFJ, at the launch of the report at the JFJ's offices at Fagan Avenue, St Andrew.

As it relates to the DPP, the report said that between 1999 and 2007, the BSI referred more than 1,500 police shooting cases involving both fatalities and injuries to the DPP. Of these, only 134 were prosecuted, leading to a mere 10 convictions.

"Secondly, is the failure of the Director of Public Prosecutions' office to take action in the majority of cases of police killings. Out of nearly 3,500 cases referred to the office of the DPP, fewer than five per cent have resulted in a recommendation of criminal actions to be taken against the policemen involved and thereafter most of the cases resulted in dismissal or acquittal by the courts."

Newly installed head of the DPP, Paula Llewellyn, when quizzed by The Gleaner about the report, said she had not seen it as yet, therefore, she could not comment on its contents.

She, however, told The Gleaner that she would be seeking a meeting with the JFJ and other human rights groups to have discussions in the future.

"As the new DPP, it is certainly one of my first priorities and I will be moving to have dialogue with all representatives of human rights organisations and the JFJ. "

Over 270 persons were killed last year in confrontations with the police.