Right Steps & Poui Trees


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The JCF & Accountability: A Policeman Speaks Out & 3 Opportunities For Change

NNN Hidden Agenda on SoundCloud March 2018Listen to Nationwide News Network’s special report “Hidden Culture”. It is narrated by Nationwide’s Marjorie Gordon and centres on an interview with a serving member of the Jamaica Constabulary Force (JCF). It is a chilling account of the ways in which extrajudicial killings are carried out and covered up by members of the police force, with the involvement of gazetted ranks. The policeman’s voice has been distorted to protect his identity. It was first broadcast on March 21, 2018, was rebroadcast a number of times that week and is now posted on SoundCloud.

Many of the things that he spoke about are things that have been reported on before, things that I have heard of over many years. The difference here is that a serving policeman is giving a personal account in an interview being broadcast on radio.

“You’re a constable going to work and you realise that your name is set to go on an operation to be conducted 3 o’clock in the morning. So, I go on the operation. When I go on the operation with several other officers, we are briefed by the officer in charge of that operation, who is sometimes a Deputy Superintendent, sometimes an Insepector, sometimes even a Superintendent himself. And what we are told to do, the instructions that we are given on that operation, kill!…We’re going fah a particular person and wi not going to lock him up. There were times when members would ask the question, “So Supa, when we hold So-and-So, what di position? Jail or morgue?” And we are told, “Mi nuh inna nuh jail business.”…As a young constable on an operation like that, what am I to do? What am I to do? Can I stand in the crowd of twenty, thirty police officers and say I’m not going? I can’t do that. So I go on the operation, as a part of this operation, and when I see my colleagues fire shots in an innocent man….I’ve been on operations where I myself have fired. It does something to you. It did something to me and it has…it is doing something to others out there. I have a lot of colleagues who are lost in the culture. I realise…I have realised and I have come to the conclusion, most of us, we have lost ourselves because of how we are taught in the streets when we leave training school.” (Transcribed from Nationwide News Network’s ‘Hidden Culture’)

It has long been known that the problem is not simply one of individual rogue police, but that there is a culture within Jamaica’s police force that supports the use of extrajudicial killings as a crime fighting method. And there are those outside the JCF, across the society, who believe this also and would want us as a people to turn a blind eye and allow the police to do weh dem haffi do.

If we want to change this culture, to rid the JCF of this approach, to have a police service that is unequivocally committed to lawful, professional, accountable and rights-centred policing, then we have to seize opportunities for change. At the moment, three such opportunities present themselves.

  • A New Commissioner of Police

Major General Antony Anderson - JISA new Commissioner of Police was sworn in on Monday, March 19, 2018 – Major General Antony Anderson. He is a former head of the Army and is very familiar with the national security situation in Jamaica. One person alone cannot change the culture within and reform the JCF. A Commissioner can, however, provide the type of leadership that may facilitate such change. Whether Commissioner Anderson will (or will be able to) achieve the necessary change remains to be seen, but his appointment opens up an opportunity.

(An associated issue that does need to be considered is how much reliance on the military for/in policing is a good thing. For another blog post perhaps.)

On March 22, 2018, the day after the first broadcast of Nationwide’s special report, the JCF issued a statement in response, which said that

“The purported actions, which are being recounted by an alleged lawman, are categorically condemned by the High Command as they do not align with the principles and standards of a modern Police Force.

The JCF has implemented a series of measures to reinforce acceptable standards of behaviour by its members, particularly with respect to use of force, human rights and engagement with the public.”

It pointed to the JCF’s Early Intervention System, described as “a proactive approach to identifying members who may display tendencies of abnormal behaviour and thereby allowing for timely intervention.” It also mentioned the oversight roles of the  Independent Commission of Investigation (INDECOM), the Inspectorate of Constabulary  (IOC) and the Major Organised Crime and Anti-Corruption Agency (MOCA). It promised  “to further seek to create a mechanism that will allow persons who have information in these matters to offer same in confidence and without fear.”

Perhaps I have heard too many such statements over the years to find this reassuring. What actions will follow?

  • Strengthen Rather Than Weaken INDECOM

INDECOM logo 2The two Court of Appeal judgments which were handed down on Friday, March 16, 2018, raise once again the need for the Parliament to revisit the Independent Commission of Investigations (INDECOM) Act. A Joint Select Committee (JSC) of Parliament held meetings from 2013 – 2015 and carried out the first review of the INDECOM Act, as required by the Act itself. The Committee produced a report with its recommendations, which was tabled in Parliament in November 2015. (Click here for a copy of the Joint Select Committee Report on INDECOM Act.) No action has been taken in Parliament regarding this report or its recommendations. (See my blog post in February –  Parliamentarians, A Joint Select Committee & INDECOM.)

On March 21, 2018, human rights NGO Jamaicans for Justice issued a press release calling for Parliament to make amendments to the INDECOM Act:JFJ press release 21-3-18JFJ press release 21-3-18 bJFJ press release 21-3-18 cJFJ press release 21-3-18 dJFJ press release 21-3-18 e

Both Prime Minister Andrew Holness and Justice Minister Delroy Chuck have said that a Parliamentary Committee is to be established to review the INDECOM Act…again. At this point there is no clear indication of the timeline for the establishment of the Committee, how long it is likely to meet or when it will produce and table its report. It also isn’t clear whether it will be asked to review the Act in its entirety or only specific aspects of the Act, those affected by the Court of Appeal judgments, for example. It isn’t clear what weight, if any, will be given to the review done by the 2013 – 2015 JSC or if the public will have the opportunity to make submissions to the new Committee. And after the Committee tables its report, what action will the Parliament take in regard to its recommendations? What if there is a change of government after the report is tabled? Will that delay Parliament taking any action on the Committee’s recommendations, as seems to have been the case with the 2013 – 2015 Committee’s recommendations?

The news now is that INDECOM is seeking leave to appeal to the Privy Council for clarification on important issues in the case, including constitutional issues. It is also reported that Minister Chuck thinks that INDECOM shouldn’t seek to appeal, but should rather wait to see what Parliament decides to do.

So we continue to wait…to see what Parliament will do and when and whether it will use this opportunity to strengthen or weaken the important role INDECOM plays regarding accountability for the police force.

  • The Police Service Act to Replace the Constabulary Force Act

The Jamaican public first learned of the Government’s plans to replace the Constabulary Force Act with a Police Service Act via a March 2017 Government of Jamaica Letter of Intent to the International Monetary Fund (IMF).

JA letter of intent to IMF March 2017“Implement a full legislative review that leads to (i) completion of a draft new Police Service Act to replace the Jamaica Constabulary Force
Act, that supports the modernization and transformation of the
Jamaica Constabulary Force into a modern intelligence-led police
service that ensures Citizen Security, with stronger systems of
administration, management and internal discipline….” (p 21)

The October 2017 Letter of Intent indicated that the measure was “[o]n track for completion by target date”, the target bate being October 2017 (IMF – Jamaica Second Review Under the Stand-By Arrangement Etc October 2017 p 43).

In the Throne Speech delivered by the Governor General in Parliament on February 15, 2018, this new Police Service Act is included as one of the legislative actions to be taken during the 2018 – 2019 legislative year.

Throne speech 2018 - Police Service Act

Throne Speech 2018, p 7

This proposed new legislation is obviously an important opportunity for reform of the police force. True reform – the modernisation and transformation being referred to – cannot be achieved by tinkering around the edges of the current legislation or by focusing primarily on increasing the powers of the police. It cannot be accomplished without full and genuine consultation with the people the police service is intended to serve. The legislation cannot be rushed through Parliament without allowing adequate time and opportunity for those who wish to make submissions about the draft legislation to do so. Indeed, it would be best if there were also consultation on the actual draft legislation before it was tabled in Parliament. I know that new legislation is only one part of what needs to be done, but we cannot afford to miss this opportunity for change.

How these three opportunities are handled will have an impact on many aspects of the workings of the police force and whether we move nearer to or further from achieving a professional and accountable police service. One marker in that process – nearer to or further from – will be the impact on that hidden culture of extrajudicial killings.

Relevant documents – Court of Appeal Judgments

Court of Appeal judgment - FederationThe Police Federation, Merrick Watson (Chairman of the Police Officers Association), The Special Constabulary Force Association and Delroy Davis (President of the United District Constables Association) v The Commissioner of the Independent Commission of Investigations and the Attorney General of Jamaica [2018] JMCA Civ. 10

Court of Appeal judgment - DiahAlbert Diah v Regina [2018] JMCA Crim 14

 

 

(I am a member and a spokesperson for Jamaicans for Justice. My blog posts are all done in my personal capacity, however.)

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Parliamentarians, A Joint Select Committee & INDECOM

In Parliament last week Tuesday (January 30, 2018), during the discussion about extending the period of Public Emergency in St James, Prime Minister Andrew Holness and Opposition Leader Peter Phillips both commented on the functioning of the Independent Commission of Investigations (INDECOM).  Their comments fit into an ongoing narrative that paints INDECOM as not being “balanced” in its approach and acting in a way that demoralizes the members of the security forces it is mandated to investigate.MP Phillips - PBCJ - Parliament 30-1-18

Dr Phillips: I’d like to end by also offering our commendations to the security forces for, not only in this area in St James but generally, the rank and file for the most part and the officers for the most part have conducted themselves with commendable efficiency in very difficult circumstances and they are to be commended. And I think even as they go, not only there but in the other areas of the country, while we urge them to obey the law, I want to urge those who investigate them, including INDECOM, to be mindful of the circumstances in which they operate. If I can be blunt, if INDECOM has a problem with the members of the security forces, I don’t think they should disarm them in public in full view of the citizens. I think that that unnecessarily demoralizes the men and women who are urged to obey the law, but who operate in what is a very dangerous situation on the street. There is literally a war that has been declared on society and in that circumstances you cannot weaken those who serve in the face of those who attack them.

PM Holness - PBCJ - Parliament 30-1-18

In responding to Dr Phillips, PM Holness said:

You mentioned INDECOM. We take the view that there really needs to be balance in how INDECOM operates. I’ve decided not to go any further with my comments on INDECOM. I think this House, which created the institution, which still retains the power, at some point…I suspect it would have to be sooner than later…we will have to take some decisions…to ensure that that very important institution operates with balance.

(A video recording of the session in Parliament is available here. Dr Phillips’ comment begins at 1:11:59 & PM Holness’ comment begins at 1:37:00.)

The following day, INDECOM issued two press releases in response to the comments in Parliament. In the first, the Commission refuted Dr Phillips’ assertion:INDECOM press release Jan 31 2018 aINDECOM press release Jan 31 2018 b

In the second, INDECOM shared Commissioner Williams’ letter to Justice Minister Delroy Chuck, requesting an opportunity to be informed of the perceived problems and to respond:

INDECOM press release and letter 31-2-18 a

INDECOM letter to Minister of Justice 31-1-18

Dear Minister Chuck,

Re: Remarks in Parliament on INDECOM

Reference is made to the captioned.

On the 30th instant, remarks were made in Parliament that INDECOM needed “balance” in its work and that INDECOM’s investigators were disarming police officers in public spaces.

As a Commission of Parliament, INDECOM is obligated to make reports to Parliament on matters of concern. We do not know what claims advised the assertion that our work lacks balance and would appreciate an opportunity to be so advised and to respond. As misinformation must not be permitted to direct policy.

The remark about disarming of police officers ia an example of misinformation. This was raised by the Police Federation during the Joint Select Committee’s Review of the INDECOM Act. We were able to debunk this claim. The position remains that police officers are disarmed by their colleagues and this is done at the police station. A 2014 JCF Force Order published the agreed protocol between the JCF in this regard.

Given your statutory remit to serve as the liason between INDECOM and Parliament, INDECOM seeks your kind intervention in this matter to permit us to be aware of assertions being made and to answer them.

Yours sincerely,

INDEPENDENT COMMISSION OF INVESTIGATIONS

Terrence F Williams

Commissioner

 

This is not the first occasion on which PM Holness has spoken about INDECOM needing to be more “balanced” in its approach or for the need to review or make changes to the INDECOM Act. It is unfortunate and unhelpful, however, that the Prime Minister hasn’t been more specific in making clear exactly what he means by “balance/balanced” or what aspects of the Act he thinks need further review or need to be changed. His repeated references without specificity encourage speculation, limit INDECOM’s ability to respond and may have the effect of eroding confidence in the workings of the Commission.

Review of the INDECOM Act

Section 37 of the INDECOM Act, which came into effect in 2010, requires periodic reviews of the Act, the first to take place no later than three years after the Act came into effect.

INDECOM Act Section 37

In 2013, a Joint Select Committee (JSC) was established to review the Act; it began its examination on June 27, 2013, held 23 meetings, concluded its report in October 2015 and the report was tabled in Parliament in November 2015. JSC INDECOM Act Review report

A copy of the report is available here: Joint Select Committee Report on INDECOM Act. What has happened to the report since it was submitted to Parliament? Which of the JSC’s recommendations have been accepted or rejected? What amendments to the Act are to be tabled in Parliament? More than two years after the report was submitted, it would be reasonable for the public to have some official word via Parliament.

A September 29, 2016 Jamaica Information Service (JIS) release titled “Cabinet Looking at Report on INDECOM” included the following reference to a statement made by National Security Minister Robert Montague:JIS 29-9-16 Montague re INDECOM report - an excerpt

Last year there was a report in the media that Minister of Justice Delroy Chuck had indicated there had been some movement regarding Cabinet’s consideration of the JSC recommendations, but there has still not been any action in Parliament regarding the report and its recommendations.

And this is part of what makes the comments in Parliament last week by the Leader of the Opposition and the Prime Minister so remiss.  Parliament passed a law establishing INDECOM, a Commission of Parliament (2010). That law passed by Parliament required a review of the law not more than three years after passage. Parliament established a Joint Select Committee of both Houses to conduct that review (2013). That Committee of Parliament held meetings over two years and produced a report containing its recommendations. That report was tabled in Parliament (2015). More than two years later, there has been no further action in Parliament regarding that report and its recommendations (2018). Yet the Prime Minister and the Leader of the Opposition found it appropriate to make the comments they did in Parliament.

The Prime Minister did say “I think this House, which created the institution, which still retains the power, at some point…I suspect it would have to be sooner than later…we will have to take some decisions….” Yes, I would suggest that Parliament – that Parliamentarians – take some action, make some decisions. The current situation really makes a mockery of Parliament’s own processes.

 

 

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State of Public Emergency Declared For Parish of St James

At a press briefing today, Prime Minister Andrew Holness announced that a State of Public Emergency had been declared for the parish of St James in western Jamaica. Also making statements at the briefing were Minister of Justice Delroy Chuck, Minister of National Security Robert Montague, Commissioner of Police George Quallo and Chief of Defence Staff of the Jamaica Defence Force, Major General Rocky Meade.

PBCJ - State of Emergency press briefing 18-1-18

(L to R) Major General Meade, Minister Montague, Prime Minister Holness, Minister Chuck, Commissioner Quallo

A recording of the full briefing is available via the Public Broadcasting Corporation of Jamaica (PBCJ) at the following link: Press Briefing – January 18, 2018.

Below is a transcript of PM Holness’ opening statement:

Good afternoon, everyone.

As we are all aware and agree, the crime and violence – in particular murders – have been escalating in the parish of St. James. I have been advised by the security forces in writing that the level of criminal activity experienced, continued and threatened, is of such a nature and so extensive in scale as to endanger public safety.

In consideration of this, I wrote to the Governor General recommending the declaration of a State of Public Emergency for the parish of St James. The Governor General has signed a Proclamation dated and effective 18th of January, 2018. The Proclamation has been gazetted. A State of Public Emergency is now in effect for St James.

Under State of Public Emergency the security forces will have extraordinary powers and some rights are suspended. This does not mean that the use of these extraordinary powers can be arbitrary or are beyond review.  The declaration of a State of Public Emergency does not mean the suspension of the rule of law. The security forces are expected and have been directed to treat citizens with respect and protect the dignity and safety of all.

Clearly the operations which will be conducted, though directed at criminals and their facilitators – I want to repeat that, the facilitators of criminals – will create some level of general discomfort. We ask the public to cooperate with the security forces.

Now is the time, if you know where the guns are, please tell us. If you know where the criminals are, please tell us. The reward for guns programme is still in effect. The number to call is Crime Stop – 311 – or call the security forces hotline – 830-8888. {This was later corrected to give the accurate number – 837-8888.}

As has always been the stance of the Government, we will continue with a credible process of communicating with the public. We ask the press and the public to be understanding of the sensitivities of this matter.

Again, a State of Public Emergency is in effect for the parish of St James.

The Office of the Prime Minister subsequently sent out this release:Press release re State of Public Emergency 18-1-18 p 1

Prime Minister Andrew Holness has declared a State of Public Emergency in the parish of St. James effective Thursday, January 18.

The Prime Minister made the announcement this afternoon (January 18) at a press conference held at Jamaica House.

“Crime and violence in particular murders have been escalating in the parish of St. James. I have been advised by the security forces in writing that the level of criminal activity experience continued and threatened, is of such a nature and so extensive in scale as to endanger public safety”, said the Prime Minister.

The Governor General signed the Proclamation to bring into the effect the state of public emergency. The Proclamation has also been gazetted.

The constitution provides that a period of public emergency can be declared by a proclamation if the Governor-General is satisfied that action has been taken or is immediately threatened by any person or body of person in such a nature and on so extensive a scale as likely to endanger public safety.

Last year, 335 murders were recorded in St. James, which is twice the number of any other parish.

Prime Minister Holness outlined that under the state of emergency the security forces will have extraordinary powers and some rights will be suspended. He noted, however, “This does not mean that use of these extraordinary powers can be arbitrary or are beyond review. The security forces are expected and have been directed to treat citizens with respect and protect the dignity and safety of all”.

The security forces will have the power to search, curtail operating hours of business, access to places and to detain persons without a warrant.

In addition, all persons using all roads leading in and out of St James will be subject to vehicle and personal search. In various areas of city and township, there will be joint static and mobile patrol. Persons may also be stopped at various checkpoints.

Meanwhile, Security Minister, Hon. Robert Montaque made an appeal to the citizens of St. James for their full cooperation during the period. He acknowledged usual activities may be curtailed. However, he assured that the operations to be carried out by the security forces will be targeted at the criminal elements and their facilitators.

“Any information you have, we need it. We need your full cooperation in moving forward in restoring peace and order so that the good people can continue to contribute to the well-being of Jamaica”, said Minister Montaque.

If persons have any information to assist in the crime fighting effort, they may call crime stop, 311.

A special hotline has also been set up to be manned by the Jamaica Defence Force for persons to give information.  The number is 830-8888.

—30—

Below is a copy of the Proclamation by the Governor General declaring the State of Public Emergency. (I’m sorry it is such a poor copy, but it’s the only one I could find at the moment. If I locate a better copy, I will substitute it.)

GG Proclamation 18-1-18 p1GG Proclamation 18-1-18 p2GG Proclamation 18-1-18 p3

The Regulations governing the period of Public Emergency are to be tabled in Parliament next week Tuesday.

 

 


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Body-Worn Cameras: A Secret Transparency Tool?

I remain concerned that to date the public has no idea what protocols govern the use of body-worn cameras  by police or soldiers in Jamaica, although these cameras are now being used by the police here. Body-worn cameras are widely regarded as a tool that may enhance accountability and transparency in policing, bringing an additional source of information about interactions between the police and the public. Inadequate protocols governing their use can, however, completely undermine any benefit to be derived from the wearing of such cameras. How can the Jamaican public know if the protocols governing use of body-worn cameras here are adequate, if we don’t know what those protocols are?

Zones of Special Operations (ZOSO) Act & Body-Worn Cameras

The recently passed Law Reform (Zones of Special Operations)(Special Security and Community Development Measures) Act, 2017 makes provision for the wearing of body-worn cameras by members of the Joint Forces – police and soldiers – within declared special zones.

Section 19(1) of the Act says:Zones of Special Operations Section 19 1

Section 19(2) of the Act requires the establishment of protocols and procedures for the use of the cameras, setting out some of the matters that may be dealt with in the protocols and procedures.Zones of Special Operations Act Section 19 2 AZones of Special Operations Act Section 19 2 B

 

Prime Minister Holness’ Commitment

Last week I was able to put a question about the current status of these required protocols to Prime Minister Andrew Holness, via a tweet to Cliff Hughes during his  Online programme on Nationwide News Network. The Prime Minister was the guest on the weekly Ask The OPM segment of Hughes’ programme and was fielding questions by phone & social media. I asked:SG tweet 19-9-17 Hughes PM body cameras

Hughes asked the questions and PM Holness answered:

“The protocols are established but we have a resource challenge. So the police do have body cameras. We have still…we have identified a supplier and we need to outfit the military with cameras and that is being done. As I said earlier, this is a proof of concept and much learning is taking place. So all the protocols that were established will…we will review them to see how they actually work on the ground, but by the time the second zone is around, we should have final protocols. We’ll share them with the public; there is nothing secret about the ZOSO and we should be able to outfit all key personnel… operational personnel with body cameras.” (Transcribed from recording, Cliff Hughes Online, Nationwide News Network, September 19, 2017)

I am glad for the Prime Minister’s commitments that protocols have been established, that they will be finalised before a second zone is declared and that they will be made public. He didn’t say, however, whether the protocols have been shared with INDECOM (the Independent Commission of Investigations) and, at this point, we have no clear timelines for the things committed.

 

Police and body-worn cameras prior to ZOSO

The wearing of body-worn cameras by members of the Jamaica Constabulary Force (JCF) didn’t begin with the passage of the ZOSO Act or the declaration of the first Zone. Body-worn cameras have been recommended and discussed for many years in various quarters, including the government, civil society, international bodies and the JCF itself. In recent years, steps were taken to start the process within the JCF.

In 2014, then Minister of National Security Peter Bunting announced that select police units would begin to wear body cameras and “noted that a protocol [would] be established, making it mandatory for the officers to engage the cameras once they [were] going on an operation.”

 

In August 2016,  there was an official launch of the body-worn camera project at the Office of the Commissioner of Police. Then Commissioner Carl Williams said: “This is a significant step on the road to improving our human rights record and ultimately, public trust. As we accept these body-worn cameras, I cannot help but underscore the remarkable stimulus that they provide for Police reform, and conformity by suspects. These devices will provide greater transparency, build public trust and provide evidence against false accusations.” Minister of National Security Robert Montague “stated that these cameras [would] aid in significantly improving the trust between members of the Force and the public.”

In February this year, the JCF announced that some police had actually started wearing the provided body cameras.

At this point, INDECOM indicated its concern “that the JCF [had] not yet advised INDECOM as to the proposed procedures and protocols that [would] govern the use of the equipment, collection and storage of data, and subsequent viewing of the footage.” (INDECOM Press Release 21-2-17) In a discussion on Nationwide News Network the following morning, Superintendent Stephanie Lindsay, head of the Constabulary Communications Unit, responded to INDECOM’s concerns saying that “We have a protocol that guides the operation of these cameras internally; it is not something that we would be discussing externally.” It is astounding that the JCF would consider it appropriate not to share the protocols governing the operation of body cameras with the independent oversight body mandated to investigate fatal shootings and allegations of abuse by the police. At the time of INDECOM’s May 26, 2017 press conference, they had still not seen the JCF’s protocols.

Given the approach of the JCF regarding INDECOM, it is hardly surprising that the JCF’s protocols haven’t been made public.

Protocols And Procedures

I have wondered whether the protocols and procedures governing the use of body-worn cameras within the declared special Zones would differ from those governing their use outside of the Zones. Indeed, I do not think that it is satisfactory that the drafting of such protocols should be left to the Heads of the Army and Police Force, with no requirement for consultation with any other body, INDECOM or the Office of the Public Defender, for example.

In a Twitter thread about body-worn cameras (yes, I do tweet a lot), I asked the following question and got a reply from Commissioner of Police Quallo:SG tweet 8-9-17 body camera protocols

COP Quallo tweet 10-9-17 body cameras protocols(*SOP = Standard Operation Procedure)

Finally, while the assurances of PM Holness are welcome, until the protocols are actually made public, they may be a comfort to a fool.

  • We do not know if the cameras already in use – since the declaration of the first Zone, since earlier this year (or before?) – have captured any footage relevant to any fatal shooting by the police or any alleged instance of abuse.
  • We do not know when cameras should be turned on or off and what sanctions there are for not complying with this.
  • We do not know if footage has been safely stored for the record or has been destroyed intentionally or inadvertently.
  • We do not know how long video is stored for or  who has access to such footage and under what circumstances? INDECOM? The police or soldiers involved in an incident? Lawyers – either for an accused person or the family of someone killed by the police or an involved policeman? Journalists? The public?
  • We know nothing about what has governed the use of the body-worn cameras to date and any video footage that has already been recorded.
  • Etc…

If the public doesn’t know what the protocols and procedures are, how can we know if they are adequate? And if we don’t know whether the protocols and procedures are adequate, how can the use of body cameras build trust?

Body-worn cameras can’t be a secret tool of transparency and accountability.

Related Post

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

 

 

 


Making Haste: Joint Select Committee & Special Zones of Operations Act

This afternoon (June 13, 2017), the Joint Select Committee of Parliament considering The Law Reform (Zones of Special Operations) (Special Security and Community Development Measures) Act, 2017 had its first sitting. It was a short, preliminary meeting primarily intended to set out how the Committee will proceed.

Delroy Chuck 2Minister of Justice Delroy Chuck is chairing the Committee and reminded that the Bill had been tabled in the House by Prime Minister Holness during his Budget Debate presentation on March 21, 2017. He noted that this Bill is one of the measures intended to deal with the high level of violent crime in the country and made reference to the quadruple murder that had taken place in the parish of Hanover this morning. He indicated that the Prime Minister had asked that the Committee complete its deliberations by the end of June. This means that the Committee has about two weeks in which to conduct its process and report back to Parliament; by the first week in July, at the latest, Minister Chuck said.

The Committee has asked that advertisements be placed in the media this week, inviting individuals and organizations to make written submissions on the Bill to Parliament, with a possible deadline for submission by next week Tuesday.  They will also write to a number of specific organizations inviting them to make submissions; among those mentioned were the Jamaica Bar Association, the Advocates Association, the Public Defender, Jamaicans for Justice, the Norman Manley Law School and the Faculty of Law at the University of Technology. Individuals and organizations which make written submissions may be asked to make presentations in the Chamber, which will need to take place next week or the week after that.

Dates for three meetings of the Committee were set today, though these may change, as sometimes happens:

  • Wednesday, June 21 – 9 a.m.
  • Tuesday, June 27 – 10 a.m.
  • Wednesday, June 28 – 2 p.m.

It is hoped that all contributions can be concluded by the end of these three meetings, after which the Committee will do a clause-by-clause review of the Bill before finalising their report to Parliament.

Minster Chuck said that Attorney General Marlene Malahoo Forte will be attending the meetings of the Committee and the next meeting will begin with the Attorney General giving an outline of the Bill. He also said that the National Security Advisor and representatives of the Jamaica Constabulary Force and Jamaica Defence Force will be invited to attend the meetings.

I am not sure of the full membership of the Joint Select Committee, but present today were MPs Marisa Dalrymple-Philibert, Evon Redman and Floyd Green and Senator Pearnel Charles, Jr. Apologies were tendered for MP Peter Bunting and Senators Mark Golding and Ransford Braham. (Marlene Malahoo Forte was present in her capacity as Attorney General, from Minister Chuck’s comments.)

The Committee is attempting to complete its work in a very short period, with very limited notice to the public for submissions, which may jeopardize the “closer scrutiny of the Parliament in a joint select committee” contemplated by the Prime Minister when he tabled the Bill.

Previous blog post in which I raised questions & concerns about the Bill: Yes, You Do Get to Ask Questions About the Zones of Special Operations Act


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Nearly A Year Later: Time for Western Kingston Commission of Enquiry Recommendations Update

Next week will be seven years since the Jamaica Defence Force (JDF) and the Jamaica Constabulary Force (JCF) joint operation in Western Kingston which resulted in the death of more than 70 people. Next month will be a year since the report of the Western Kingston Commission of Enquiry was tabled in Parliament and made public. It is certainly time for the country to get a full update on the status of the recommendations made in the report.

COE report cover blog pic

This is one of the problems with the Commission of Enquiry process. An Enquiry takes place and at the end of the process, strong and pertinent recommendations are sometimes made. At that point, another process starts or should start, but there is no formal requirement ensuring that next phase. There should be a system whereby the government is required to outline publicly which of the recommendations it has accepted, what steps it intends to take towards implementation and the timelines associated with that implementation. There should also be a formal process whereby the government is required to give periodic official public updates on the progress of that implementation, perhaps through scheduled reports to Parliament. This is not a new problem and contributes in part to the widely held belief that Commissions of Enquiry are a waste of time and money, as nothing ever comes of them.

Delroy Chuck MOJThe Minister of Justice, Delroy Chuck has attempted to move in that direction, having given some updates from time to time in Parliament and otherwise, updates about the setting up of a Cabinet Committee, the selection of the Chair of the Compensation Committee and the start of the Committee’s work, and the intention of the Government to apologise, for example. There have been statements by the JDF and the JCF indicating that they were working on some of the recommendations that applied to them. But this is an ad hoc process, and though things may well have progressed beyond what the public is aware of, there has been no formal, predictable structure for any updates.

In his Budget Debate presentation in Parliament on March 21, 2017, Prime Minister Andrew Holness committed to apologising to victims of the Tivoli operation when he said:

The wrongs of the past must be acknowledged and an apology offered to the victims of state-inflicted violence as recommended by constituted review bodies. On behalf of the Jamaican State and in my capacity as Prime Minister I will make the apology in Parliament to victims of the Tivoli Incursion and the Coral Gardens Incident.

PM Holness 2017 Budget DebateThe Prime Minister has made the apology for Coral Gardens, but hasn’t yet apologised for the abuses during the operation in Western Kingston and no date has been given for when he will. He made no other specific reference to the Commission’s recommendations during his presentation. Additionally, neither Minister Chuck nor Minister of National Security Robert Montague made specific reference to the Commission’s recommendations during their recent Sectoral Debate presentations or used the occasion to give a specific update on progress with implementation of the recommendations.  Also, I am not aware of any comprehensive public updates from the JDF and JCF after their initial responses to the Commission’s report.

I may well have missed some updates that have been given in Parliament or elsewhere, and I am sure that I could find additional information if I made Access to Information requests to various government ministries and bodies. I could also probably find additional information by searching the Hansard record for relevant dates. But the information ought to be more easily accessible and we should have some prescribed timelines for updates. I would like to suggest that sometime in June, twelve months after the Commission’s report was tabled in Parliament, would be a good time for a comprehensive update on what progress has been made on each of the Commission’s recommendations. The update should clearly state whether any progress has been made, the nature of that progress and what remains to be done, including relevant timelines. Instances in which no further action is planned should also be clearly stated. And as these updates are being contemplated and given, it is important to acknowledge again that this isn’t simply a paper exercise. It is about real people who were directly or indirectly impacted by the events, about a government giving account to its people, about preventing such occurrences happening again and about a process of justice and healing.

Recommendations of the Western Kingston Commission of Enquiry

Below I will set out briefly the recommendations made in Chapter 15 of the Report, for which progress updates need to be given.

UPDATE NEEDED REGARDING STATUS OF IMPLENTATION OF RECOMMENDATIONS INCLUDED IN REPORT OF WESTERN KINGSTON COMMISSION OF ENQUIRY CONCLUDED IN 2016
SECTION OF CHAPTER 15 RECOMMENDATIONS COMMENTS
INTRODUCTION 15.1 The Commission indicates that in other Chapters in the report they “have recommended that further investigations be carried out as a matter of justice and with a view to preventing a recurrence of similar events.” The bodies responsible for the further investigations, such as the JCF and INDECOM, should give an update on the status of such investigations.
PART 1-REDRESS

1. APOLOGY

 

15.7 “…we recommend that the GoJ apologize in Parliament to the people of West Kingston and Jamaica as a whole for the excesses of the security forces during the operation. The Government is, in the last resort, responsible for the conduct of its security forces.” The Prime Minister has indicated in Parliament that he will make this apology. He should indicate the date on which he will apologise and carry this out.
2. COUNSELLING FOR TRAUMATISED PERSONS

 

 

15.8 “…we are satisfied that there needs to be a programme of continuing counselling for some of the residents including children.”

 

15.9 “We therefore recommend that this matter be pursued by the appropriate Ministry.”

The Government should indicate which Ministry is responsible for implementing this recommendation, what programme is in place and what counselling has been and will be provided.
3. COMPENSATION FOR VICTIMS 15.12 “…we recommend the establishment of a Compensation Committee with two broad mandates…”

15.13 “We respectfully further recommend that the Compensation Committee be chaired by a retired judge or senior attorney-atlaw…and the Committee should be directed to complete its work within 9 months.”

The Chair of the Compensation Committee could give an indication of the progress of the Committee in its work and should indicate whether it will complete its work within the recommended 9-month period.
4. WAIVER OF LIMITATION PERIOD 15.14 The Commission refers to the legal restrictions regarding the timeframe in which claims against the State can be brought, 3 years in some instances and 6 years in others.

 

15.15 “We therefore recommend that the State waive its strict legal rights to all claims and agree to settle compensation on an ex gratia basis in respect of claims brought by aggrieved persons, personal representatives and/or near relations and/or dependents of deceased persons.”

The Government needs to confirm its position regarding the recommended waiver.

 

The Office of the Public Defender should give an update regarding its participation as referenced in 15.15

PART 2 -PREVENTION

 

15.16 The Commission gives a non-exhaustive list of measures that would prevent similar events in the future.
1. ADMINISTRATIVE REVIEWS 15.17 “Consistent with our findings with regard to the conduct of certain officers and other ranks of the JCF and JDF, we recommend that both forces undertake administrative reviews of the conduct of the named officers….We note that since May 2010, some of these officers have been promoted – in some cases to very senior ranks.”

 

15.18 “We recommend that the serving police officers against whom adverse findings have been made be relieved of any operational commands that they may hold and that they be prohibited from serving in any special operations units.”

 

15.19 The Commission indicated the allegations of involvement of members of the Mobile Reserve in extra-judicial killings.

 

15.20 “Where the accusations of extra-judicial killings on the part of the security forces were found by this Commission to be credible, and where persons were identified as being in dereliction of duty or were administratively or operationally incompetent, we recommend that these persons should never again be allowed to lead or otherwise participate in internal security operations.”

 

15.21 “We further recommend that the Mobile Reserve be subjected to special external oversight arrangements.”

The JCF and JDF should give an update on the status of the recommended administrative reviews of the named officers.

 

The JCF should give an update regarding the recommendation to relieve certain officers of operational command.

 

The Government should give an update regarding the recommended special external oversight arrangements for Mobile Reserve.

2. USE OF WEAPONS SYSTEMS 15.22 The Commission pointed to the need for “policies that guide the selection of weapons systems that may be used in internal security operations….We strongly recommend that a group of competent persons be tasked to draft such a policy.”

 

Future use of Mortars and other Indirect Fire Weapons

15.24 “We therefore recommend that, in future, the leadership of the JDF pay careful regard to contemporary best practice and learning in relation to the use of weapons of indirect fire. Consistent with international humanitarian law, the use of these weapons in built-up areas should be prohibited.”

 

 

The Government should indicate the status of drafting policies regarding selection of weapons systems for internal security operations.

 

The JDF should indicate the status of its review of future use of mortars and other indirect fire weapons.

3. IMPROVING LEGAL AND ADMINISTRATIVE ACCOUNTABILITY FOR USE OF FORCE 15.27 “…we recommend the following firearm related systems and procedures for favourable consideration by the GoJ:” These are set out in (a) – (e).

 

 

 

 

 

Use of Masks or Other Concealment Gear

15.28 “…we recommend that the use of masks and/or other concealment gear be limited to special cases when the identities of particular officers and units are best protected by these means. We also recommend that where masks and other concealment gear are used by entire units or groups, this be done only with the approval of the CDS and CoP for the JDF and JCF respectively….Moreover, we recommend that in all cases, there be reliable and verifiable means of internally identifying all individuals for whom approval is given to wear masks and or other concealment gear….

 

Body Worn Cameras

15.32 “This recommendation should also apply to soldiers who participate in special policing operations.”

15.33 The Commission recommends the use of body worn cameras by the police. “We therefore recommend the introduction of this type of technology.”

 

 

The Government should give an update regarding the status of the recommendations to do with firearm related systems and procedures; for several of these, the JCF’s update would be relevant.

 

 

The government should give an update regarding the policy regarding wearing of masks or other concealment gear; the JDF and JCF updates would be relevant here.

 

 

 

 

 

 

 

 

 

The Government should give an update regarding the implementation of the recommendation for the use of body worn cameras by the JCF and JDF. The JCF update would be relevant here.

 

Of particular note is the status of the protocols to govern use of body worn cameras. Body worn cameras are now being used by some members of the JCF. Earlier this year, INDECOM indicated that at that time it did not know what the protocols were; the public also does not know what the protocols are.

4. ACCOUNTABILITY IN JOINT OPERATIONS – A TRANSITION COMMAND PROTOCOL 15.34 “We recommend that the JDF and JCF fashion a transition command protocol that would be applied in instances of large-scale joint internal security operations.” The JDF and JCF should give an update regarding the status of this recommended protocol.
5. STRENGTHEN OVERSIGHT OF THE JCF 15.35 “We recommend that they [INDECOM, PCOA & PSC] be strengthened in terms of their capacities to fulfill their functions effectively.” The Government should give an update regarding measures taken to strengthen the capacities of INDECOM, the PCOA & the PSC.
6. OVERSIGHT OF THE JDF’S INVOLVEMENT IN POLICING OPERATIONS 15.36 “…to the extent that the JDF has become routinely involved in policing and is required to play a major role in internal security operations, it is our view that this aspect of their work, that is, their policing work, should be subjected to a greater measure of external civilian oversight.” The Government should give an update regarding this recommendation to increase external civilian oversight of the JDF’s policing work . The JDF’s update would be relevant in this regard.
7. TACKLING THE GARRISON PHENOMENON 15.41 The Commission noted the establishment of a police post in Tivoli Gardens after May 24, 2010 and recommended “that this approach be replicated in those garrison constituencies where none presently exists.”

 

 

15.42 “In addition, since “de-garrisonisation” ultimately requires consensus among political parties, we recommend

a. A bi-partisan approach leading to agreement towards the dismantling of garrison communities facilitated by an independent third party.

b. A road map for “de-garrisonisation” should be handed over to an independent body similarly structured in composition to the Electoral Commission, to develop the details of the process.

 

15.43 In relation to “de-garrisonisation”, the Commission made several recommendations to do with allocation of resources, set out in (i) – (iii).

 

The Government should give an update regarding the recommendation to establish police posts in garrison constituencies which did not have one. The JCF update would be relevant in this regard.

 

The Government should give updates about the implementation of the recommendations regarding the process and the allocation of resources relating to “de-garrisonisation”.

8. ACTION RECOMMENDATIONS OF ECLAC 15.45 The Commission endorsed the recommendations made by ECLAC in its report on the impact of the May 2010 events in Jamaica.

 

15.46 The Commission also “endorsed the main conclusion of the report that a medium to long-term programme of rehabilitation and revitalisation of the affected communities should be developed in order to integrate those communities into Jamaican society.”

 

15.47 “As part of a programme for inner city renewal and development we recommend that the Government should vigorously pursue the private sector’s assistance by inviting them to embrace the Urban Renewal (Tax Relief) Act.”

The Government should give an update regarding the recommendations to do with “[s]ustainable development… in addressing the problems in the low-income urban areas.”
9. REVIEW AND REFORM OF THE CRIMINAL JUSTICE SYSTEM 15.48 “We recommend that there should be a thorough-going holistic review of the existing criminal justice system followed thereafter by appropriate administrative and legislative action.” The Government should give an update regarding this recommended review.
10. AMENDMENT OF EXTRADITION ACT 15.50 “We recommend that section 8 of the Extradition Act be amended to make it mandatory that the Minister make a decision on authority to proceed within a finite time.”

 

15.51 The Commission made recommendations regarding not publicizing extradition requests and the Attorney General’s intention to sign the Authority to Proceed. Also recommended AG immediately informing the Commissioner of Police upon its execution.

The government should give an update regarding the recommended amendment to the Extradition Act.

 

 


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Does the National Identification & Registration Act Go Too Far?

This is the second weekend in a row that I have spent some time reading through a Bill recently tabled in the Parliament. This time it was the National Identification and Registration Act, 2017, tabled by Prime Minister Holness during his Budget Debate contribution in March. NIDS Bill title

In tabling the Bill, PM Holness said:

This Bill is consistent with a rights-based approach to ensuring that every citizen of Jamaica can be identified and known to the state, so that their rights and entitlements can be preserved and planned for in advance. This will create a tremendous public good by reducing transaction time and cost.

Mr. Speaker, the Registrar General Department will be transformed into the National Identification and Registration Authority and will be responsible for implementing the project. Funding for the project is being negotiated through the IDB and a detailed work plan is already prepared. We expect to be piloting the project in September next year.

From Contribution to the 2017/18 Budget Debate by PM Andrew Holness

Having read through the Bill, I certainly think that it needs to be considered by a Joint Select Committee to benefit from “the closer scrutiny of the Parliament”, as PM Holness said in relation to the Law Reform (Zones of Special Operations) (Special Security and Community Development Measures) Act.

The Act will establish the National and Civil Identification Database and will empower the Government to collect a variety of biographic and biometric information about each citizen of Jamaica and other individuals who are ordinarily resident in Jamaica. The range of information is set out in the Third Schedule of the Act:

NIDS Bill data aNIDS Bill data bNIDS Bill data cNIDS Bill data d

This isn’t even the final list, as the definitions of both “biographic information” and “biometric information” in the Interpretation section of the Act allow for additional data to be included in the Regulations, by referring respectively to “and such other information as may be specified in the regulations” & “or such other biological attribute of the individual as may be specified in the regulations”. The Regulations referred to haven’t yet been drafted or made public, so there is no way of knowing at this point what they might include in the first instance or in the future. (In fact, in more than a dozen places in the Bill, further details are relegated to the Regulations, in some instances leaving me feeling that the country is being asked to sign a contract now and find out the details later. With the devil so often lying in the details, perhaps the Regulations need to be brought to Parliament alongside the Bill or the details need to be included in the Bill itself.)

It is also important to note that Section 58 of the Act gives the power to the designated Minister (who is the Prime Minister in this Act) to amend Schedules: NIDS Bill Section 58

So at some point in the future, a Prime Minister could decide to amend the Third Schedule to include DNA as one of the biometric identifiers the Government would have the power to collect from every Jamaican citizen for storage in the database.

But without going to future possibilities, a look at the existing list includes items that need to be deleted. For example, A 9. The religion of the individual. Why would it be necessary for the Jamaican Government to inquire into, collect, record and store in a permanent database the religion of every citizen of Jamaica? Other items among the biographical information need to be similarly questioned.

The biometric information is of particular concern, as one can hardly get more intrusive of a person’s privacy than to collect such data. Each of those items from A 22 – 33 needs to be carefully reconsidered. The Government will seek to reassure that the data will be secured and protected and only accessed under certain circumstances. I think it needs to be questioned whether by the simple fact of your being born in Jamaica, an act in which you have no choice whatsoever, the Government should have the power in law to collect all this biometric information from you.

There are other aspects of the Bill that need to be carefully considered and I plan to do further posts on this. At the core of the legislation, however, is the information the Government intends to collect about each citizen and so this is a good place to begin.