Jamaica’s Independent Commission of Investigations (INDECOM) is a Commission of Parliament mandated “to undertake investigations concerning actions by members of the Security Forces and other agents of the State that result in death or injury to persons or the abuse of the rights of persons”. (INDECOM Act) The Commission began work in late 2010 and submits annual and quarterly reports to Parliament; these reports are available to the public and many are posted on INDECOM’s website. The reports give both data and analysis regarding the complaints and incidents investigated; they also include reviews of issues of concern to the Commission. In the past, these issues have included
- deaths in custody
- deaths of the mentally ill in confrontation with the police
- command responsibility for the use of force
- the School Resource Officers Programme
- firing at vehicles.
1st Quarterly Report 2017
The 1st Quarterly Report – 2017 was tabled in Parliament earlier this month and INDECOM held a press conference last Friday (May 26, 2017) to discuss the contents of the report.
Part One of the report gives information about new complaints received by INDECOM during the first three months of 2017 and lists the names of the security force-related fatalities, giving the location of each incident and which state agency was involved in the fatality.
Other information, such as Fatal Shootings by Parish, is given.
Part Two of the report deals with the work of the Legal Department. It gives information on the Commission’s completed reports for the period and gives details of the recommendations of the Legal Department in 51 fatal shooting incidents. Most of these incidents took place between 2011 – 2015, but there is one case from 2008 and another from 2010. In the majority of these cases, there was the recommendation that no criminal charge be laid or disciplinary action be taken, and that the file be forwarded to the Special Coroner. In one case there was the recommendation that a policeman be charged with murder and in another case there was a confirmation of the DPP’s decision to charge a policeman with murder.
The report also indicates the arrests and charges during the first quarter:
Part Three of the report is on Lessons Learnt. It contains alarming data about the sharp increase in the number of people killed by the security forces in the first three months of 2017, when compared to the same period last year – a 75% increase. This sets out in report form information that INDECOM has already communicated during the year.
The decline in security force fatalities, from above 200 killed per annum, for many years, fell to 115 in 2014. This was a 55% reduction. Fatalities dropped to 101 in 2015 and 111 in 2016.
However, the first quarter of 2017 (Jan – March) has seen a 75% increase in fatal shootings over the same period of 2016; 42 fatalities as against 24 in 2016. NB. 42 fatalities was not reached until mid-May, in 2016.
Fatal shootings in January, 2017, amounted to 19, a figure last observed in January 2014. Explanations provided by the JCF for this increase and subsequent months was reported as a rise in police confrontations with criminal gangs. (p. 31)
At the press conference, INDECOM Assistant Commissioner Hamish Campbell gave an update in the number of fatalities, stating that as of May 25, 2017, 64 people had been killed, compared to 44 by the same date in 2016. This is a 45% increase, which is still an alarming figure. He also reported that as of that date, the combined number of people shot and killed or shot and injured by the security forces was 87.
Mr Campbell also spoke about the fact that 46% of the people shot and killed or injured by the security forces in the first quarter of 2017 were not in possession of a firearm and 32% of them were completely unarmed.
The section contains further information about these incidents and concludes as follows:
Part Four of the report gives information about INDECOM’s meetings with the JCF, its outreach activities and press releases issued.
Additionally, the First Quarterly Report has an article on the issue of privacy and policing, dealing with surveillance, CCTV cameras and the need for regulations in Jamaica governing their use. There is also a review of the Major Organised Crime & Anti-Corruption (MOCA) Bill before Parliament and the concerns INDECOM has about aspects of the Bill. INDECOM Commissioner Terrence Williams spoke about these two issues at the press conference and I will comment on them in a separate blog post.
INDECOM’s Reports are a useful mechanism for the public to track the work of the Commission and some issues of great importance to the society. It is a shame that they are not the subject of more discussion and debate in the Parliament itself.