Harrison-Henry

The Independent Jamaican Council for Human Rights has written an open letter to Prime Minister Bruce Golding, outlining concerns about new ant-crime measures announced recently. The letter is published below.

Dear Prime Minister,

The mandate of the Independent Jamaican Council for Human Rights is to protect and promote the human rights of all citizens of Jamaica. To accomplish this purpose, the council is ever vigilant of any act affecting the constitutionally guaranteed rights of Jamaicans - whether rich or poor, from town or country, innocent or found guilty by a court of law. We all have rights that must be protected. Any restriction on the rights of anyone is a restriction on the rights of us all. James Baldwin wrote: "If they take you in the morning, they will be coming for us that night."

Many studies have been done and reports prepared setting out the reforms necessary to improve the system of justice and fight crime successfully. The recommendations in these reports have been largely ignored.

Two recent reports are the 2006 Road Map To A Safe and Secure Jamaica and the 2007 Jamaican Justice System Reform Task Force. The council calls on the Government of Jamaica, through you, Mr Prime Minister, to implement the recommendations set forth in these two reports, particularly those that deal with reduction in crime and reform of the justice system.

POLITICIANS AND CRIME

The Road Map To A Safe and Secure Jamaica, written by a committee chaired by your present minister of national security, calls for measures to break the party-crime links and sets out actions that must be implemented. Two of these actions are:

"The code of conduct for politicians should include a prohibition of all conduct that reinforces crime and all forms of violence. This includes symbolic reinforcement such as attending funerals of persons of criminal repute, approving associating with them in the constituencies and other settings, and performing songs that are supportive of violence on political platforms. These types of behaviour should be monitored by the political ombudsman.

"Remove all persons with criminal connections from representational politics."

Implementation of these actions would demonstrate to the people that the political will is there among the politicians to dis-connect from the criminals and the gangs and to stand up for peace and the welfare of well-thinking citizens of Jamaica.

POLICING

Under the heading 'Making the Police More Effective', several actions are also set out. Implementation of the following are needed immediately in the fight against crime:

"The Police Service Commission to have greater management authority. The functions of the Police Oversight Authority and the Police Service Commission must be amalgamated and the commissioner of police be made to do an annual report on the performance of the police force. This report is to be for the Police Service Commission and a copy laid in Parliament.

"Upgrade criminal investigation and intelligence services. To that end, a new approach is necessary. An autonomous investigative police service should be formed. This would be distinct from the JCF, with special responsibilities for investigating serious and high-end crimes."

The major deterrent to criminal activity is the reality of being captured, put on trial and convicted in short order. This can only be done with a well-trained, professional investigative police service.

JUSTICE

This 2005 file photo shows prisoners in an overcrowded cell in Mississippi, USA. The Independent Jamaican Council for Human Rights has vowed to challenge in the Jamaican courts the proposal by the Government to detain persons for up to 60 days without a charge being preferred against them. - File

The Jamaican Justice System Reform Task Force set out many recommendations, strategies and mechanisms to facilitate the modernisation of the justice system so that it is better able to meet the current and future needs of all Jamaicans. The council calls upon the Government of Jamaica to establish immediately in the Ministry of Justice an implementation unit to bring into being the recommendations of the task force.

Among the recommendations concerning reform in criminal justice that can and must be implemented immediately are:

"The establishment of user committees for each court, including the Supreme Court, in order to improve the delivery and quality of justice at the local level.

"Timely and consistent access to duty counsel at police stations be ensured, including enhanced public legal education, increased training and accountability of police to ensure that accused are advised of their rights, and proactive inquiry by judges when an unrepresented accused appears in court.

"Services for victims be improved and increased.

"Steps to be taken to address barriers in securing the participation of witnesses." Here, the task force has several very practical suggestions that can be implemented.

We take this opportunity to remind the Government of our support of the greater use of technology, including DNA evidence, and our call for a regulatory framework to be put in place to ensure fairness and to make certain people's rights are protected. We also support increased use of video-link technology. It is time now to prepare and examine the draft legislation in these crucial areas.

Mr Prime Minister, the council has taken the time to mention both these recent reports because we do not want another set of recommendations from stakeholders to gather dust on someone's shelf.

We advance these measures as they have been carefully studied, recommended and if implemented, will assist in restoring integrity in our democracy. Draconian measurers that restrict citizens' rights should be the last measures to be considered and if so, only implemented in the manner provided for by the Constitution.

DENIAL OF BAIL

The Council remains very concerned about several of the proposals announced by you in Parliament on Tuesday, July 22, 2007, and has expressed its concerns. We wish to state here and now that we will challenge any legislation that threatens to imprison a person charged for a mandatory 60 days, denying him the right to apply to a judge for bail. Automatic imprisonment of citizens, who, by the provisions of the Constitution are entitled to the presumption of innocence and a fair trial before their liberty is denied, is unconstitutional and tantamount to an unlawful interference with the judicial functions of a court of law and as such, is a fundamental breach of the rule of law.

As we stated above, no citizen of Jamaica should be treated in this way, or we all are in danger of having our liberties denied.

Dear Mr Prime Minister, we wish to continue the consultation you have opened with us, and others, in the days and months ahead.

Yours faithfully,

Arlene Harrison-Henry

For Managing Committee of

Independent Jamaican Council for

Human Rights