Right Steps & Poui Trees


9 Comments

JCF Administrative Review Committee Clears JCF…Of Pretty Much Everything

Two days ago (August 8, 2017) Commissioner of Police George Quallo released the “Report of Administrative Review Committee Appointed to Review Conduct of JCF Named Officers During the 2010 West Kingston Operation and Related Matters”.

 

(Click for JCF West Kingston Administrative Review Committee Report – June 2017)

Since the release, there has been increasing discussion of the report, with expressions of criticism and concern. I have been among those expressing concerns as, having read the report, I believe it raises questions of process, substance and tone. I think that beyond the report itself, there is also the consideration of its wider impact on issues of post-Commission of Enquiry processes and of police accountability.

The Committee started its review on February 28, 2017 and concluded on June 19, 2017, having had eleven sittings. Its Terms of Reference (TOR) were as follows:JCF Administrative Review Committee TORThe members of the Committee were:JCF Admin Review Comm members

The findings of the Committee were as follows:

TOR 1

1a) 3.11 The Committee, having reviewed the Operations Plan, agreed that the Command Structure was appropriate for the task.

1b) 4.8 Having reviewed the Operations Plan, reports and statements of the JCF officers vital to the Terms of Reference, the Committee agreed that the Command Protocol was adequate.

1c & 1d) 5.10 Upon a thorough review of the conduct of the operation, the Committee agreed unanimously, that the span of control was clear and the span of command effective.

1e) 6.18 Despite the absence of the CIB participation and the delays occasioned by the prevailing circumstances, the Committee agreed that effective and adequate investigations were carried out in instances where deadly force was used.

6.19 The Committee finds that there was a system to ensure effective and adequate
investigations in the event of the resort to use of force by members of the JCF.

6.20 The Committee finds that the system was not followed according to the plan. However, the BSI rose to the occasion.

TOR 2

7.63 Upon a complete and thorough examination of the evidence, including, the Operation Plan, various reports, transcripts and statements; and for the reasons stated above, no basis could be found by the Committee, upon which any of the Named Officers should be cited for misconduct and/or dereliction of duty.

In the final account, the Committee found that the JCF, its systems, performance and members were “appropriate”, “adequate”, “clear”, “effective”, “effective”, “adequate”, “effective”, “adequate”, “rose to the occasion”, without basis to “be cited for misconduct and/or dereliction of duty”. The report and its findings give little indication of the kind of self-reflection that would be valuable to the police force following the events of 2010 and the report and recommendations of the Commission of Enquiry.  There is a sense of the-JCF-did-nothing-wrong-time-to-move-on.

As required by TOR 3, recommendations were given:JCF Admin Review Comm recommendations 1JCF Admin Review Comm recommendations 2

I have some questions about the process of the Administrative Review, including the following:

– In its June 30, 2016 press release responding to the Commission of Enquiry report, the JCF committed to establishing an Independent Administrative Review Panel which would be composed of  “one Deputy Commissioner of Police, the head of the Inspectorate of the Constabulary (IOC), one member of the Police Service Commission (PSC), one member of the Police Civilian Oversight Authority (PCOA), and one independent person, preferably an attorney at law, to be selected by the PSC and PCOA.” Why was the proposed composition for the Panel not eventually followed?

– What were the reasons that resulted in the review taking eight months to begin?

– The Committee made an initial decision not to require any of the 5 named officers to appear before it and even when one member of the Committee made a formal request for two of the officers to appear, the majority decision was not to require this. What was the reasoning behind not making use of the presence of the officers to give additional clarity during the review process?JCF Admin Review Comm methodology

There are points at which the Committee’s tone seems to be defensive and dismissive in a manner that is not appropriate or useful. One such instance of this is in a section entitled “Other Evidence”.JCF Admin Review Comm - other evidence

The assertion in 7.44 that the Commission didn’t seem to be concerned with the dangerous nature of the operation and the heavy gunfire faced by officers on the ground is hard to understand if one watched the proceedings of the Enquiry or if one has read the Commission’s report. Chapter 4, for example, is squarely focused on this matter, and its contents and findings contradict this assertion in the Administrative Review Report.WKGN COE report Ch 4 pic

The assertion in 7.44 also seems to be dismissive of the concern with collection of bodies shown by the Commission. Scores of people died during the May 2010 operation, 69 according to the Commission’s findings. This was one of the most grave outcomes of the operation. It was absolutely necessary that the Commission devote attention to uncovering information that could assist in establishing the circumstances in which these people died. The collection of bodies was not something detached from this process, as the time, location and manner of such collection could contribute valuable information.

AHHThe Office of the Public Defender has been involved from the start in the process of seeking the truth about what happened in the May 2010 operation. It is not surprising that the current Public Defender, Arlene Harrison Henry, has issued a statement about the just released JCF report. In the statement, she calls for the withdrawal of the Administrative Review Committee report and she has indicated that her Office has written to the Attorney General for an opinion on the way forward. (Click for Office of the Public Defender – Press Release re JCF Administrative Review 2017)

There is more to be said and I will deal in subsequent posts with additional aspects of the Review report and its implications.

 

Related Post

When Will The Public See The JCF Administrative Review Report, Commissioner Quallo?


3 Comments

When Will The Public See The JCF Administrative Review Report, Commissioner Quallo?

Last Friday, July 28, 2017, the High Command of the Jamaica Constabulary Force (JCF) released the following statement indicating that it has completed an Administrative Review into the May 2010 operation in Western Kingston.JCF release re admin reviews - 28-7-17 aJCF release re admin reviews - 28-7-17 b

Jul.28l.17 – High Command responds to Editorial

The release referred to a Gleaner editorial (actually published on July 24, 2017), which questioned the lack of a public update regarding the JCF’s promised actions in response to the recommendations of the Western Kingston Commission of Enquiry.

The Commission’s report was tabled in Parliament on June 15, 2016, and two weeks later, on June 30, 2016, the JCF issued a press release giving its response to the recommendations made in the Commission’s report. It indicated its position regarding a number of the recommendations –  15.17, 15.18, 15.20, 15.21, 15.22, 15.27, 15.28, 15.30, 15.31 – 15.33, 15.34, 15.35 – saying what actions it intended to take in response.  I do wonder why it took 8 months more (according to last Friday’s press release) for the promised review to begin.

I hope that Commissioner Quallo will make the report public sooner rather than later; it is reportedly now being “shared with the various oversight bodies for the JCF.” Until then, the public will not be able to assess the scope and adequacy of the review or its recommendations. This public accounting is an essential part of the post-Enquiry process.

Twitter Thread

Below is a series of tweets that I made on June 30, 2017, highlighting some issues that ought to be dealt with in the JCF review report.

SG tweet 30-6-17 1SG tweet 30-6-17 2SG tweet 30-6-17 3SG tweet 30-6-17 4SG tweet 30-6-17 5SG tweet 30-6-17 6SG tweet 30-6-17 7SG tweet 30-6-17 8SG tweet 30-6-17 9SG tweet 30-6-17 10SG tweet 30-6-17 11SG tweet 30-6-17 12SG tweet 30-6-17 13SG tweet 30-6-17 14SG tweet 30-6-17 15SG tweet 30-6-17 16SG tweet 30-6-17 17

Related Blog Posts

 

 

 


8 Comments

Increased Police Killings, Privacy & Other Concerns: INDECOM’S 1st Quarterly Report 2017

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

INDECOM 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.

INDECOM 1st Q report 2017 p 11 chart

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. INDECOM 1st Q 2017 - cases 1-2INDECOM 1st Q 2017 - case 15INDECOM 1st Q 2017 - case 22INDECOM 1st Q 2017 - case 33

The report also indicates the arrests and charges during the first quarter:INDECOM 1st Q 2017 - arrests and chanrges

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)

INDECOM press conference 26-5-17

Left to right: Denyelle Anderson (Public Relations Officer), Terrence Williams (Commissioner) , Hamish Campbell (Assistant Commissioner)

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.

INDECOM pictograph p. 31

Pictograph 1: Persons killed or injured without a firearm or in possession of non-firearm weapon (p. 31)

 

The section contains further information about these incidents and concludes as follows:

INDECOM 1st Q report 2017 p 33

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.

 


2 Comments

350 Words or Less: Police Using Body Cameras, But What Protocol Is Regulating Their Use?

This morning I saw a Gleaner report that the Jamaica Constabulary Force (JCF) is now actually using body cameras in some divisions.

This seems to follow on from the launch of a pilot project last summer and I wondered if the promised protocol to regulate their use had been completed.sg-tweet-re-jcf-body-cameras-21-2-17

I am very disturbed to now see a press release this afternoon from the Independent Commission of Investigation (INDECOM) saying that the JCF has not yet shared with it – the independent oversight body – “the proposed procedures and protocols that will govern the use of the equipment, collection and storage of data, and subsequent viewing of the footage.”indecom-press-release-jcf-body-cameras-21-2-17

The protocol regulating the police use of body cameras will to a great extent determine their usefulness as a tool to support both accountability and crime fighting. This has been clearly seen in other jurisdictions, probably best known in cases in the USA. Regulations regarding when cameras are turned on and off, how data is stored and protected, who has access to the footage and sanctions for failure to comply with the regulations are all extremely important. Also, a particular issue which has arisen in many instances in the USA is that of release of footage to the public. It is not tenable that body cameras are in use, but regulations have not yet been finalised and made public.

The importance of such a protocol has long been acknowledged. In January 2014, then Minister of National Security Peter Bunting  “noted that a protocol will be established, making it mandatory for the officers to engage the cameras once they are going on an operation.” (JIS report, January 24, 2014) Similar assurances were given last year when the body camera launch took place. Perhaps Minister Montague or Acting Commissioner Grant could give a public update regarding the current status of this essential protocol.

Some Related Links

Jamaica Observer: Police finally wearing body cameras-February 21, 2017

JCF: Police Issued with Body Worn Cameras – August 27, 2016

Jamaicans for Justice: JFJ Welcomes Police Body Cameras, Calls for Strong Protocols – August 25, 2016

Jamaica Information Service: Body Cameras for Policemen – January 24, 2014

 


4 Comments

Advertising for Police Commissioner & Other Public Posts

Deputy Commissioner of Police (DCP) Novelette Grant will assume the position of Acting-Commissioner on January 7, 2017, when the current Commissioner’s resignation takes effect. Commissioner Carl Williams’ resignation became public on December 22, 2016, when his resignation letter, submitted weeks earlier, was leaked. Commissioner Williams explained that the timing and manner in which his resignation became public knowledge wasn’t the best, as it had been planned that the news wouldn’t be made public until the selection of Acting-Commissioner had been completed. rjr-report-on-resignation-of-cop-williams-22-12-16This RJR report (including an audio clip from his interview with journalist Dionne Jackson Miller) was one of many media reports dealing with the news of Commissioner Williams’ resignation at the time.

The Ministry of National Security quickly issued a press release  thanking Commissioner Williams for his service and dealing with other issues connected with the resignation and replacement process. (mns-police-commissioner-to-demit-office-22-12-16)

dcp-novelette-grantThe following day, the Police Service Commission (PSC) announced that DCP Grant would act as Commissioner during the search period, a process that is expected to take 90 days. In a speech on Sunday (Jan 1, 2017), DCP Grant made the pragmatic statement that there would be no miracles in the process of dealing with crime and none should be expected of her.

Also on Sunday, the advertisement for the post of Commissioner was carried in the press. It focussed on the duties and responsibilities of Commissioner and set out the deadline and contacts for submission of applications. DCP Grant is so far the only person to have publicly declared an intention to apply for the post and she is, in fact, a very likely candidate for selection.

gleaner-advt-for-commissioner-of-police-1-1-17-pt-1gleaner-advt-for-commissioner-of-police-1-1-17-pt-2

I think that the advertisement posted is seriously lacking in one regard. It does not set out in any specificity the qualifications and experience required of applicants for the post of Commissioner of Police. What level of experience in law enforcement is required? Must experience be within policing or will experience in some other context be considered, for example the military, correctional services or private security? Is there a minimum number of years of experience necessary for consideration? What level of supervisory/managerial experience is required? What are the preferred and minimum educational requirements for the post? These are a few of the requirements that could reasonably be expected to be specified in such an advertisement. It would also be useful to know if the PSC is advertising the post outside of Jamaica, regionally or further afield.

I have long thought that this is an approach that should be taken routinely when advertising vacant public posts, not just for the current vacancy for Commissioner of Police. It gives the public a clearer idea of the criteria considered important for successful fulfilment of the job. It also gives the public a basis for evaluating how well the candidate eventually appointed meets the required qualifications and experience for the post. This would support the increased move towards transparency and accountability required in modern approaches to good governance. It is not too late for the PSC to adopt this approach, and perhaps it is time for this to become routine and required when advertising  vacancies for public posts in Jamaica.

 

 

 


1 Comment

INDECOM Arrests 5 Police Officers in Relation to Alpha Student Shooting Incident

Tonight the Independent Commission of Investigations (INDECOM) issued an update in the case of the Alpha schoolgirl who was shot in a taxi  in downtown Kingston last week Thursday, indicating that 5 police officers attached to Mobile Reserve have been arrested in relation to the incident. The press release is set out below. I wait to see what further news there is regarding this case.

INDECOM press release 4-7-16

UPDATE: INDECOM ARRESTS 5 JCF MEMBERS IN RELATION TO ALPHA STUDENT SHOOTING INCIDENT

July 4, 2016 – The Independent Commission of Investigations (INDECOM) wishes to advise the public that as at 7:35 p.m. this evening, five (5) members of the Jamaica Constabulary Force (JCF) attached to the Mobile Reserve Division have been arrested in relation to the shooting injury of a Convent of Mercy Academy (Alpha) student on Thursday, June 30, 2016.

The police officers will be placed before the Parish Court as soon as an Identification Parade and interviews are conducted.

The Commission thanks the High Command of the JCF for their cooperation in this investigation.

Background

The Commission launched an investigation into the shooting injury of the female student following the incident on Thursday, June 30, 2016. The incident occurred at the intersection of North Street and Mark Lane at approximately 7:15 a.m.

The student underwent emergency surgery at the Kingston Public Hospital and is still recovering in the Intensive Care Unit.

The report received by INDECOM was that a man who was operating a “robot” taxi transporting and students of Convent of Mercy Academy (Alpha) and St. Georges College, was allegedly stopped by the police. It was also alleged that after this taxi stopped, the police opened fire at the vehicle. One of the bullets hit one of the students in the head.

A team of INDECOM investigators and forensic examiners responded to the incident following the report. The incident scene and motor care were processed; and statements collected from eyewitnesses to the incident.

The Commission wishes to reiterate its appeal to anyone who may have witnessed or can provide any information about the incident to call 1.876.968.1932, or call our mobile number at 1.876.878.0167, or visit its office in Kingston. Persons are also encouraged to call our new Toll Free Lines: 1.888.991.5555 or 1.888.935.5550.


1 Comment

A Schoolgirl Gets Shot In a Taxi…By the Police…?

It has been another violence-filled week in Jamaica. And included in the violence was the shooting up of an illegal taxi by the police, according to witnesses including the driver, which resulted in a schoolgirl who was a passenger being shot and injured. This happened on Thursday morning, when the taxi was transporting a number of students on their way to school.

That afternoon, a young man selling at a traffic light approached my car and, making a gesture of winding down the window, signaled that he wanted to talk to me. I put the window down and he asked if I was the lady he sometimes saw on TV talking about INDECOM (the Independent Commission of Investigation). When I replied yes, he began what I can only call a pouring out of his heart.

It was about the shooting of the Alpha schoolgirl. He was angry and in pain. He asked if people pickni can be shot just so and nothing come of it. He said that police can’t just shoot up a taxi because they have something with the driver, and they don’t even know who is in the taxi. It cudda him madda eena di taxi an im neva know. How im would ah feel den? Eeeh? Dem nuh care.

He went on to talk about the police harassing the taxi drivers, who he said were not stealing. They were trying to make a living, to send their children to school. Like him, he said. Mi out yah ah sell fi support my family. Ah di same ting dem ah do.

He asked if I had heard what was happening downtown, and spoke about the protests, with road blocks and fires being set in some places. I said I had heard about it before I left home. He said people were doing it because they heard that the schoolgirl had died. I said that I had heard that was what had sparked the protests but on the radio they had reported that she was still alive. No, he said, from two o’clock wi hear seh she dead. (She is actually still battling for life in hospital.)

INDECOM tweets 30-6-16 aI told him that INDECOM said they were already investigating the case and that they would be giving an update as soon as they got more information.

The light changed & the line of traffic moved forward, and the young man walked beside the car and continued to talk when I stopped again. He told me that he had recently been backed up by a policeman, right out here, he said. Him seh him goin shoot mi. Mi ask him if him tink him cyan shoot mi an nuttn  goin’ happen. Dem tink is di whole ah Jamaica nuh know nuttn.

As the traffic light changed again, he said he heard the policeman had been taken in. Dem mus charge him, he said. And the last words I heard as I drove away were – But dem shuddn even try him. Dem should jus do him what him do di likkle girl.

Layers upon layers of violence. Which is why the investigations and the formal justice and accountability systems must work and must be seen to be working.

Responses to the Shooting

INDECOM issued this press release yesterday:

INDECOM Release 30-6-16INDECOM PROBING SHOOTING INJURY OF 15-Y-O ALPHA STUDENT

June 30, 2016 – The Independent Commission of Investigations (INDECOM) has launched an investigation into the shooting injury of a 15 year old female student of the Convent of Mercy Academy (Alpha). The incident occurred at the intersection of North Street and Mark Lane at approximately 7:15 a.m.

The student underwent emergency surgery at the Kingston Public Hospital and is now recovering in the Intensive Care Unit.

The report received by INDECOM is that a man operating a “robot” taxi transporting students of Convent of Mercy Academy (Alpha) was allegedly stopped by police. It is also being alleged that after the taxi had stopped, the police opened fire at the vehicle hitting the student.

A team of investigators and forensic examiners responded to the incident following the report. The incident scene was processed; the motor car in question was also processed; investigators collected statements from witnesses to the incident.

The Commission is asking anyone who may have witnessed or can provide any information about the incident to call or visit its office in Kingston at 1.876.968.1932, or call our mobile number at 1.876.878.0167. Persons are also encouraged to call our new Toll Free Lines: 1.888.991.5555 or 1.888.935.5550.

NB: In the Commission’s 4th Quarterly Report for 2015, the issue of shooting at vehicles was discussed extensively. We invite members of the media and the public to peruse the document with a view to understanding the policies and legal issues related to incidents of this nature. Visit our website: http://www.indecom.gov.jm (Click on Reports then “The 4th INDECOM Quarterly Report”)

 

COP Carl WilliamsDuring a discussion on Nationwide News Network yesterday, Commissioner of Police Carl Williams made the following comments while responding to several questions from hosts Cliff Hughes and Dennis Brooks:

No police officer came forward to report that incident, and so we are going based on the allegations that have been made. We have started investigations already, to identify the…if police officers were involved and, if police officers were actually involved, we will identify them, not some time from now but very soon. And they will be subject to the fullest consequences.

We still have ballistic evidence that we can pursue and so we also can narrow down to police officers who were supposed to have been in the area at the time.

 

We heard that it was an unmarked police vehicle…an unmarked vehicle…

…if it were a police vehicle, no shots should have been fired. Unless a police officer is, unless his life is threatened or unless the life of someone from the community, a citizen, is threatened, the police are not authorized to fire their weapons. We have gotten to the point where it is not even okay for the police to fire their weapon when justified; it is okay to fire when justified and when it is necessary for the police to fire. Because there are instances in which there might be justification but it might not be necessary. And so it must be necessary and it must be justified before the police can fire their weapons. That is how we have been able to manage in the last two or so years. And that is how we have been able to reduce the number of fatal contacts between the police and citizens. And so if it were a police officer’s …if it were police officers in this situation, then certainly that would have been inconsistent with the policy and the direction that the JCF is taking at this time.

(Transcribed from recording of Nationwide News Network interview with COP Carl Williams by Cliff Hughes & Dennis Brooks, 30-6-16)

 

The 2015 4th Quarterly Report mentioned in INDECOM’s press release is worth looking at both for its information about the issue of firing on vehicles and for the picture it gives of the reporting INDECOM does about its cases, investigations and work.

INDECOM 4th Quarterly report 2015 full

I hope that the child who was injured recovers fully. I hope that those who shot her are found. There is much urgent work that needs to be done, as we keep finding ourselves at the point of having to express similar hopes over and over again.