Minister Chuck & the INDECOM Debate

In Parliament on Tuesday (July 21, 2020), Minister of Justice Delroy Chuck opened the debate on his motion to amend the Independent Commission of Investigations Act, 2010. In a presentation lasting less than ten minutes, he laid out the government’s position regarding the proposed amendments and the process to be followed to get there. No-one else spoke in the debate on Tuesday. Minister Chuck ended his statement saying that it was the intention that the debate should be concluded next week:

“Mr Speaker, I now ask for a suspension of the debate and hope that other Parliamentarians will see it appropriate to make their contributions next week when we hope to close the debate.”

I wonder who will speak next week and for how many minutes.

As Minister Chuck has indicated before, the Government is asking the Members of the House to support all the recommendations included in the 2015 report of the Joint Select Committee that reviewed the INDECOM Act, except the recommendation to give INDECOM the power to prosecute.

When Minister Chuck spoke about this recommendation on Tuesday,  he added “And I dare say, Mr Speaker, I was one of the strongest proponents of that view. ” The view that INDECOM needed the power to prosecute.

Minister Chuck’s change in position seems to be based primarily on the increased number of prosecutors at the Office of the DPP. He spoke generally about the increased numbers, and referred to an existing MOU between the Office of the DPP and INDECOM:

Mr. Speaker, it is important to note that a MOU was arrived at in March 2018 between the ODPP and INDECOM whereby, among other things, two prosecutors were assigned specifically to liaise directly with and treat with INDECOM matters.  Indeed, if more prosecutors are needed to deal with INDECOM matters in a timely manner, I am assured by the DPP that one or more prosecutors can be so assigned.

Minister Chuck’s Opening statement, p. 2

What he did not do was to provide any data on how that MOU has functioned. There was no data, for example, on the number of files INDECOM has sent to the ODPP each year; no data on how long it has taken for the ODPP to make decisions on the files sent; no data on the causes of any delays; no data on what decisions have been made (without identifying the individual cases themselves, but whether decisions were made to prosecute, to send to coroner’s court or for disciplinary proceeding or other options).

Beyond the Minister’s assurances, what would Members of Parliament (and members of the public) rely on to assess how the ODPP has managed the INDECOM files to date and will be able to manage them in the future?

Although the Minister didn’t specifically refer to the Joint Select Committee recommendation that INDECOM should clearly have the power to arrest and charge, this is not being supported by the Government either. (See Section 20, p. 10 of the report.) And Minister Chuck didn’t give the reasoning for this in his presentation.

Mr Chuck listed a number of additional amendments to be included and set out the intended process if the motion passes:

These recommendations plus others in the Report will be introduced in a Bill to amend the INDECOM Act and drafting instructions will accordingly be provided to OPC at the close of this debate and after further consideration by Cabinet.  I hope that the proposed amended Bill will be tabled in Parliament during this fiscal year.

Minister Chuck’s Opening statement, p. 4

Next week is scheduled to be the last week before Parliament goes on its summer break. This debate is likely to be completed and the motion passed without much notice. And this will be a blow for police accountabilty measures in Jamaica. There will still be the opportunity to advocate for inclusion of these powers up until a new Bill is actually passed, although Minister Chuck has indicated the Government’s position.

INDECOM, under the leadership of its first Commissioner – Terrence Williams – has had a significant impact in its first ten years. I wonder what the next ten years will bring…

Related Documents

Motion Regarding Amendments to the Independent Commission of Investigations Act, 2010 brought to the House on May 27, 2020, by Minister of Justice Delroy Chuck. (If I find a better copy of the motion, I will post it.)

Text of Minister Chuck’s Opening Statement in Debate on INDECOM Act Amendment Motion 

MINISTER CHUCK’S OPENING PRESENTATION – INDECOM – Amendment to INDECOM Act – dated 17-7-2020 – delivered 22-7-2020

Report of Joint Select Committee Reviewing the INDECOM Act – Tabled in Parliament 2015

Joint Select Committee Report on INDECOM Act

 

Recent post by Jamaicans for Justice on proposed amendments to the INDECOM Act

JFJ – Safeguard INDECOM’s Independence – Reform the INDECOM Act – 22-6-2020

PBCJ Recording of the Sitting of House of Representatives July 21, 2020 Minister Chuck’s statement begins at approximately 3:43:00 in the recording.

PBCJ recording of Sitting of House –  July 21, 2020

 

 

 

 

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

Listen 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

A 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

The 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:

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).

“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, 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

The 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

Albert 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.)

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.

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.

The 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.

The 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.

 

 

Report of West Kingston Commission of Enquiry Made Public; Now Online

Today (June 15, 2016), the report of the West Kingston Commission of Enquiry was tabled in Parliament by Minister of Justice Delroy Chuck. The report is the culmination of the work of the Commission which began its public hearings on December 1, 2014 and held its final sitting on February 19, 2016.

 

Sir David A.C. Simmons K.A., B.C.H., Q.C., CHAIRMAN – Legal Consultant, Retired Chief Justice of Barbados

Justice Hazel Harris – Retired Judge of the Court of Appeal

Professor Anthony Harriott – Director, Institute of Criminal Justice and Security, University of the West Indies, Mona

The three Commissioners who presided over the 90 sittings have now signed off on their report.

The full report is available on the Ministry of Justice (MOJ) & Parliament websites. Below, I have included links to the report on both sites. The report is in two volumes, the first with the main contents and the second with the Appendices.

In the coming weeks, there will be much review and analysis of the contents and findings of this report. Its release marks the beginning of the next phase of the search for justice for those who died as a result of the May 2010 events. Minister Chuck informed Parliament that a sub-committee of Cabinet would be established to review the report and that the report would also be subject to review in Parliament. It is essential that the wider society engages in this process as well.

Links to Parliament’s website Report of Western Kingston Commission of Enquiry 2016

The Ministry of Justice website went down recently, but is now back up. If ever none of the links to the report posted below are working and you want to find the report, try the Nationwide News Network site at http://nationwideradiojm.com/west-kingston-commission-enquiry-full-report/ (December 15, 2018)

Click here for Volume 1

(Link to report on Parliament’s website no longer functions. Scroll down to use link to report on Ministry of Justice website. Edited 29/4/17)

Click here for Volume 2

(Link to report on Parliament’s website no longer functions. Scroll down to use link to report on Ministry of Justice website. Edited 29/4/17)

Link to MOJ web page with Report of Western Kingston Commission of Enquiry 2016

(At times the Ministry of Justice links stop working, though they are currently working. If the links don’t work and you want to find the report, try the Nationwide News Network site at http://nationwideradiojm.com/west-kingston-commission-enquiry-full-report/ (July 10, 2019)

Introductory Sections

• Transmittal of Report (Letter to Governor General)
• Table of Contents
• Volume 1 Table of Appendices
• Volume 2 Table of Appendices
• Counsel Who Appeared Before the Commission
• Table of Acronyms

Chapters

• Chapter 1 – Introduction

• Chapter 2 – Background to the Commission of Enquiry

• Chapter 3 –  THE SITUATION IN WEST KINGSTON AND RELATED AREAS IN MAY 2010 PRIOR TO THE ATTEMPT TO EXECUTE A PROVISIONAL WARRANT FOR THE ARREST OF CHRISTOPHER “DUDUS” COKE AND THE REASONS AND CIRCUMSTANCES SURROUNDING THE DECLARATION OF A STATE OF EMERGENCY IN MAY 2010 – ToR (A)

• Chapter 4 – THE CIRCUMSTANCES UNDER WHICH, AND BY WHOM, SEVERAL POLICE STATIONS OR OTHER STATE PROPERTY (INCLUDING POLICE OR MILITARY VEHICLES) WERE ATTACKED AND DAMAGED OR DESTROYED BY FIREBOMBS, GUNFIRE OR OTHER MEANS DURING OR AROUND THE PERIOD OF THE STATE OF EMERGENCY DECLARED IN MAY 2010 – ToR (C)                                    &  WHETHER, AND IF SO, UNDER WHAT CIRCUMSTANCES, STATE OFFICIALS AND LAW EXFORCEMENT OFFICERS CAME UNDER GUNFIRE ATTACKS DURING MAY 2010 IN INCIDENTS CONNECTED TO THE ATTEMPTS BY LAW ENFORCEMENT OFFICERS OF JAMAICA TO ARREST CHRISTOPHER “DUDUS” COKE – ToR (B)

• Chapter 5 – THE ALLEGATION THAT PERSONS WERE ESPECIALLY ARMED TO REPEL ANY LAW ENFORCEMENT EFFORT TO CAPTURE THE FUGITIVE CHRISTOPHER “DUDUS” COKE AND, IF SO, BY WHOM – ToR (E)                               &  THE CIRCUMSTANCES CONCERNING THE RECOVERY OF ILLEGAL FIREARMS AND OTHER MUNITIONS IN WESTERN KINGSTON OR ANY RELATED OR AFFECTED AREAS – ToR (M)

• Chapter 6 – WHAT WERE THE CIRCUMSTANCES UNDER WHICH, AND BY WHOM, EMBATTLEMENTS AND BARRIERS WERE SET UP IN TIVOLI GARDENS, AND WHETHER EFFORTS WERE MADE, AND BY WHOM, TO RESTRICT INGRESS AND EGRESS OF LAW ENFORCEMENT OFFICERS OR TO PREVENT THE ARREST OF CHRISTOPHER “DUDUS” COKE – ToR (F)

• Chapter 7 – WHAT ARRANGEMENTS WERE MADE, AND WHAT PRECAUTIONS WERE TAKEN, TO PROTECT CITIZENS IN TIVOLI GARDENS AND OTHER AFFECTED AREAS FROM UNNECESSARY INJURY OR PROPERTY DAMAGE DURING THE LAW ENFORCEMENT ACTION IN THE STATE OF EMERGENCY, AND THE ADEQUACY AND APPROPRIATENESS OF THOSE ARRANGEMENTS AND PRECAUTIONS IN THE PREVAILING CIRCUMSTANCES – ToR (G)

• Chapter 8 – THE CIRCUMSTANCES UNDER WHICH, AND THE PERSONS BY WHOM, PRIVATE PROPERTY WAS DAMAGED OR DESTROYED DURING OR AROUND THE PERIOD OF THE STATE OF EMERGENCY DECLARED IN MAY 2010 – ToR (I)                                                                                                                                              & WHETHER MONIES, BENEFITS OR COMPENSATION WERE PROVIDED BY THE STATE TO COMPENSATE RESIDENTS OF WESTERN KINGSTON INCLUDING TIVOLI GARDENS AND, IF SO, HOW MUCH WAS ACTUALLY PAID OR DISTRIBUTED, THE MANNER AND RECORDING OF SUCH PAYMENT OR DISTRIBUTION, AND THE ADEQUACY OF SUCH COMPENSATION – ToR (Q)

• Chapter 9 – WHETHER, AND IF SO, UNDER WHAT CIRCUMSTANCES, CIVILIANS, POLICE OFFICERS AND SOLDIERS OF THE JAMAICA DEFENCE FORCE WERE SHOT AND KILLED OR INJURED DURING MAY 2010 IN CONNECTION WITH THE SECURITY FORCES SEEKING TO EFFECT THE ARREST OF CHRISTOPHER “DUDUS” COKE ON A PROVISIONAL WARRANT IN EXTRADITION PROCEEDINGS – ToR (H)

• Chapter 10 –  WHETHER THE RIGHTS OF ANY PERSON OR PERSONS WERE VIOLATED IN ANY OF THE AFFECTED OR RELATED COMMUNITIES BY EITHER LAW ENFORCEMENT OFFICERS OR BY ANYONE ELSE AND, IF SO, WHOSE RIGHTS WERE VIOLATED, AND THE MANNER AND EXTENT OF SUCH VIOLATIONS, AND BY WHOM SUCH VIOLATIONS WERE PERPETRATED – ToR (J)

• Chapter 11 – THE CHAIN OF COMMAND IN RELATION TO THE DECISIONS CONCERNING THE OPERATIONS BY THE SECURITY FORCES IN TIVOLI GARDENS AND RELATED AREAS DURING MAY 2010, AND THE RESPECTIVE RESPONSIBILITIES OF EACH PERSON IN THAT CHAIN OF COMMAND – ToR (K)    & WHETHER ANY DERELICTION OF DUTY OR UNLAWFUL CONDUCT IS ATTRIBUTABLE TO ANY PERSON OR PERSONS IN THAT CHAIN OF COMMAND IN CONNECTION WITH THE DECISIONS CONCERNING OR THE EXECUTION OF THE OPERATIONS BY THE SECURITY FORCES IN TIVOLI GARDENS AND RELATED AREAS DURING MAY 2010 AND, IF SO, TO WHICH PERSON OR PERSONS, AND THE NATURE AND EXTENT OF SUCH DERELICTIONS OF DUTY OR UNLAWFUL CONDUCT – ToR (L)

• Chapter 12 – WHETHER THERE WAS ANY DIRECT OR INDIRECT COMMUNICATION BETWEEN THE FUGITIVE CHRISTOPHER “DUDUS” COKE AND ANY JAMAICAN GOVERNMENT OFFICIAL (OR OFFICIALS) OR ANY AGENT THEREOF, DURING THE PERIOD BETWEEN WHEN THE REQUEST FOR EXTRADITION WAS FIRST COMMUNICATED TO THE JAMAICAN GOVERNMENT OR ANY OF ITS AGENTS OR OFFICIALS AND WHEN THE FUGITIVE CHISTOPHER “DUDUS” COKE WAS ARRESTED; AND IF SO, BY WHICH OFFICIALS AND/OR AGENTS THEREOF, THE NATURE OF ANY OR ALL SUCH COMMUNICATIONS, BY WHAT MEANS, AND FOR WHAT PURPOSE – ToR(N)                                                          & WHETHER COPIES OF AFFIDAVITS AND OTHER CONFIDENTIAL SUPPORTING DOCUMENTS ATTACHED TO OR RELATED TO THE REQUEST FOR EXTRADITION OF CHRISTOPHER “DUDUS” COKE WERE FOUND IN COKE’S OFFICES, AND THE CIRCUMSTANCES UNDER WHICH AND THE PURPOSES FOR WHICH THOSE DOCUMENTS CAME TO BE THERE – TOR(O)

• Chapter 13 – THE CIRCUMSTANCES UNDER WHICH THE FUGITIVE CHRISTOPHER “DUDUS” COKE MANAGED TO ELUDE ARREST DURING AND AFTER THE OPERATION BY THE SECURITY FORCES OF JAMAICA IN TIVOLI GARDENS AND RELATED AREAS IN MAY 2010, AND THE CIRCUMSTANCES OF HIS CAPTURE – ToR (P)

• Chapter 14 – THE CONDUCT OF OPERATIONS BY THE SECURITY FORCES OF JAMAICA IN TIVOLI GARDENS AND RELATED AREAS DURING THE SAID STATE OF EMERGENCY IN THE MONTH OF MAY 2010 – ToR (D)

• Chapter 15 – Recommendations

  

  Volume 2 – Appendices

• Appendices 1-30 & AC1-14 can be accessed by clicking on the appropriate tab on the MOJ web page.

(I discovered yesterday that the links to the report online at the time I published this post were no longer working. The Parliament link no longer functions and the Ministry of Justice links had changed when it updated its website. I have gone through and updated the links for the report on the Ministry of Justice website; they are all working now. My apologies if you tried unsuccessfully to use the post to access the report. Edited 29/4/2017)

The Ministry of Justice website was down recently, but is back up now. If ever none of the links to the report in the post are working and you want to find the report, try the Nationwide News Network site at http://nationwideradiojm.com/west-kingston-commission-enquiry-full-report/ (December 15, 2018)