Right Steps & Poui Trees


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INDECOM Reports 8 Police Fatal Shootings in the Past Week: Any Body-Worn Camera Footage?

INDECOM logo 2In two press releases this week, the Independent Commission of Investigation (INDECOM) reported on eight people having been killed in the past seven days by members of the Jamaica Constabulary Force (JCF). In one of those incidents, members of the Jamaica Defence Force (JDF) were also involved.

The first release was issued on Monday:INDECOM Nov 6 2017 release aINDECOM Nov 6 2017 release b

The second release was issued today:INDECOM Nov 9 2017 release

The incidents took place in 5 different parishes: Kingston, St Catherine, Clarendon, St Mary and St James. As it investigates the incidents, INDECOM is asking anyone who may have witnessed or may have information about any of the fatal shootings to contact the organization.

One question I would ask is if any of the police involved in any of the fatal shooting incidents was wearing a body-worn camera and if there is any footage of the incidents. This would be particularly relevant to the incident in Salt Spring in St James, as that is reported as having ocurred during a planned police operation carried out by Mobile Reserve.

Terrence WilliamsAt a press conference on September 27, 2017, INDECOM Commissioner Terrence Williams spoke to the potential usefulness of body-worn cameras, saying:

“…most of the police shootings that you have in Jamaica have no witnesses but the police. So most of them will have no resolution but the police version, which may be true or it may be false. The body-worn camera provides that…an assistance in that accountability. And we were arguing from day one that why not use the body-worn cameras on those planned operations. So that you know you are going into a confrontation-type situation, it’s a very good time to wear the camera. So that your version of events can be depicted in this way of real evidence. We’re not seeing that at all. And we’ve had no update on it.”

He also made the startling statement:

“…in none of the shooting events that we have under investigation, including planned operations, were any body-worn cameras worn by the officers involved.”

COP QualloI think Commissioner of Police George Quallo needs to say whether the announced JCF body-worn camera programme is in operation or has been abandoned outside of the Zones of Special Operations.

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No Protocols, No Body-Worn Cameras: INDECOM’s Comments

INDECOM press conference 27-9-17 - Terrence WilliamsThe Independent Commission of Investigations (INDECOM) held a press conference yesterday to give information about its 2nd Quarterly Report for 2017, which was tabled in Parliament on Tuesday, September 26, 2017. During the press conference, INDECOM Commissioner Terrence Williams gave some important information about the organization’s experience of the use of body cameras by the Jamaica Constabulary Force (JCF). This information answers some of the questions I raised in my blog post a couple of days ago and certainly doesn’t lessen concerns that I have had.

No Body-Worn Cameras Worn By Officers Involved In Any Shooting Events Under INDECOM Investigation

The 2nd Quarterly Report 2017 includes a section which gives an update on recommendations of the West Kingston Commission of Enquiry that are relevant to INDECOM’s remit. One of these had to do with body-worn cameras:

INDECOM 2nd Quarterly Report 2017 - WKGNCOE body cameras

INDECOM 2nd Quarterly Report 2017, p.35

In speaking about this recommendation, Commissioner Williams said the following:

The other issue was body-worn cameras. The West Kingston Commission of Enquiry said that this should be issued to police officers and soldiers, that is these cameras, without undue delay. We understand that the United States Embassy has donated body-worn cameras to the police force, but we are still hearing reports of delays in widespread implementation, and technical and policy issues have been cited to explain the delay. And in none of the shooting events that we have under investigation, including planned operations, were any body-worn cameras worn by the officers involved.

(Transcribed from recording of INDECOM September 27, 2017 press conference)

Seven months ago the JCF announced that some policemen in a number of divisions would begin to wear body cameras; I think it was said to be four divisions. It is extremely disturbing to now learn that in none of the shooting incidents being investigated by INDECOM were the officers involved wearing body cameras. Not even in planned operations. The JCF needs to let the public know what policy has guided who wears the body cameras and what has been recorded on them, if not footage of ANY shooting events. Indeed, what analysis has been done of the body camera use over this period? Maybe we even need to ask if the body cameras are in fact being worn at all.

INDECOM Has No Knowledge of Body-Worn Camera Protocols For Use Inside or Outside Of Special Zones

During the press conference, I asked Commissioner Williams whether the JCF has yet shared its body-worn camera protocols with INDECOM and whether INDECOM has been consulted regarding the body-worn camera protocols and procedures required under the Zones of Special Operations Act. This was his response:

We know of no protocols for the zones or otherwise. On our visit to the Zone we observed no-one wearing any cameras. It still seems to be for the JCF a work in progress, as regards the institution of the body-worn cameras, although they have some of the devices. We are eager to see this instituted, because one thing that most people don’t realise, and I’ll say it, most of the police shootings that you have in Jamaica have no witnesses but the police. So most of them will have no resolution but the police version, which may be true or it may be false. The body-worn camera provides that…an assistance in that accountability. And we were arguing from day one that why not use the body-worn cameras on those planned operations. So that you know you are going into a confrontation-type situation, it’s a very good time to wear the camera. So that your version of events can be depicted in this way of real evidence. We’re not seeing that at all. And we’ve had no update on it.

(Transcribed from recording of INDECOM September 27, 2017 press conference)

It is completely unacceptable and counterproductive  that the independent 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 rights of persons” (Independent Commission of Investigations Act, 2010) has not been consulted regarding the protocols governing the use of body-worn cameras by the security forces. Neither in regard to the JCF’s protocols which should have been in place months ago nor for the protocols required by the more recent Zones of Special Operations Act. Body-worn cameras have been put forward as a tool to improve accountability and transparency in the operations of the security forces and to increase trust in these bodies. How can this be achieved in a situation in which INDECOM is left completely out of the loop? And if INDECOM has no knowledge of the protocols yet, at what point is it likely that the protocols will be shared with the public?

Inadequate protocols can undermine any benefit that might be gained by the use of body-worn cameras. How can we know if the protocols are adequate, if we don’t know what the protocols are?

It is imperative that INDECOM be immediately involved in the drafting of the body-worn camera protocols and procedures and that they be shared more broadly before they are finalised. The process to date does little to support the credibility of the use of body-worn cameras in Jamaica.

Note:INDECOM 2nd Quarterly Report 2017 cover

Normally I would have provided a link to a copy of the INDECOM Quarterly Report, but it hasn’t been posted online yet and I don’t yet have a soft copy. As soon as I can, I will post a link or a copy.

Related posts

Body-Worn Cameras: A Secret Transparency Tool?

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


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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.

 


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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

 


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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.


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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.