Right Steps & Poui Trees


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INDECOM Commissioner Addresses the Issue of INDECOM & Police Effectiveness

Terrence WilliamsLast night – January 11, 2018, in an address to the Kiwanis Club of Spanish Town, Commissioner of the Independent Commission of Investigations (INDECOM) Terrence Williams spoke about the often repeated claim that the work of INDECOM has had a chilling effect on police morale and has reduced their ability to perform their crime reduction functions effectively. Variations of this claim have been made by a number of people and organizations, including the Prime Minister, members of the Cabinet, members of the Opposition when they formed the Government, members of the Jamaica Constabulary Force (JCF), including representatives of the Police Federation, which represents the rank and file members of the Force.

Below is the text of Commissioner Williams’ speech, entitled “INDECOM and Police Effectiveness: A Statistical Analysis”, as well as a PDF copy – Jan 11 2018 – Kiwanis Club of Spanish Town – INDECOM & Police Effectiveness

          Address by Terrence Williams Commissioner, INDECOM
                           at the Kiwanis Club of Spanish Town
                                         January 11, 2018
     Title: INDECOM and Police Effectiveness: A Statistical Analysis

I am sure you have often heard the claim that INDECOM has reduced police effectiveness causing an increase in crime. Some even say that the first step to reduce crime is to end INDECOM as we know it. These claims are dismissed by many as unfounded and illogical, but the effort to convince by repetition continues relentlessly. Of course there are some who may argue that the police must have a “free hand” and advocate that our national problem will be resolved if the police can act free of regulation and oversight. Those who peddle these arguments are then faced with this question: “Are you saying that the police cannot be effective if they are to be accountable for their actions?”

This evening a different approach will be taken in a reply, based purely on objective
statistics. Has the advent of INDECOM been coincidental with an increase in murder?
INDECOM speech Table 1 p2
Recall that INDECOM started its full operations in April 2011. Table 1, shows a general decline in murders since 2011. The average annual rate for 2004 to 2010 is 1554 murders per year whilst from 2011 to 2017 it is 1226. Thus there were, on average, 300 less murder victims since the introduction of INDECOM. It is also useful to further contextualize these figures against the population of Jamaica and in so doing let us turn our attention to the murder rate per 100,000 persons for the period stated above. The average murders per 100,000 for the pre-INDECOM period was 57.90 compared to 45.86 per 100,000 persons during the INDECOM period.

Similarly, the JCF statistics also reveal that the number of police officers killed has
significantly declined since the inauguration of INDECOM. All murders are deplorable but the killing of a police officer is particularly so given the fact that we depend on these brave men and women to preserve our social order.

On these facts, the claims that INDECOM’s existence contributes to the rise in crime in Jamaica and that the police need a “free hand” to fight crime is not supported. The search for causes and solutions for our endemic crime problem must therefore be sought elsewhere.

If we are looking at reasons for our high murder rates, we should consider the period after the year 2000 with consistently more than 1000 per year; and note the conditions that continue to prevail namely, the failure to effectively address organized crime.

If we are seeking solutions we should further look at the post 2010 period when murders were reduced by almost 40%. Professor Anthony Clayton, continues to point out that “this significant reduction in such a short time was seen almost nowhere else in the world before” and that “Jamaica did not follow through with the measures necessary to solve the crime problem and so we have returned to where we started”. It is submitted that the needed “follow through” was to get to the root of organized criminal gangs and to fully institute community policing.

Nicaragua, can provide some examples of how to sustainably reduce crime. Nicaragua’s neighbours, El Salvador, Guatemala and Honduras, all suffer from high per capita murder rates. Honduras and El Salvador are amongst the highest in the world at 86 and 70 murders per 100,000 respectively. In 2015, Nicaragua’s murder rate was 7 per 100, 000 persons. Remarkably, Nicaragua maintains this low murder rate although, there is free movement of people in the region and so criminals can easily cross borders to commit crimes; despite being poorer than its neighbours, and having the lowest ratio of police to the population.

Nicaragua engaged in significant police reform to root out corruption. The model of
policing is a preventative and proactive one rooted in the heart of the community. Strong intelligence networks are employed especially in areas where organized crime is prevalent. Nicaragua recognized that repressive policing only achieves short term results. Jamaica can certainly learn from the Nicaraguan proactive community based policing model, because it is inclusive and instills a sense of confidence in the police service, one supported by a strong accountable and professional policing framework.

Another argument too often heard is that the police are less responsive to criminal activities because their morale is adversely affected by INDECOM’s investigation and charges. However, since inception only a small percentage of investigations have ended in charges. Further in 2014, the year of the greatest number of charges laid by INDECOM, also saw the lowest number of murders (1005) for 11 years. Notably, as seen in Table 2, where murders and police fatal shootings are considered together, the general tendency of an increase in fatal shootings when murders increase, continued after INDECOM started operations.

INDECOM speech Table 2
Consider Table 2 again. You may note three things. First, that, for a generation, we have had high rates of police involved killings but that these killings have declined since INDECOM started its operations. Secondly, there was a 16.25% decline in murders between 2013 and 2014 and in the same year a reduction in police fatal shootings by 55%. Thirdly, that the consistent high rates of police involved killings seem to have had no lasting effect on the murder rate.

The Ministry of National Security’s 2008 JCF Strategic Review: A New Era in Policing in Jamaica found that the JCF had weak internal accountability and was hobbled by endemic unlawful cultures. It is unfortunate that this Review is not more often consulted. It was the product of an august panel assembled by the State towards finding ways to improve the JCF. The Review is freely available online. I invite you to read it. Please pay particular attention to the “corrupt practices that have become endemic” frankly outlined on page 26. In the face of such unlawfulness how could the JCF be effective?

The Review called for “concerted, long term and coordinated effort” by the JCF and its oversight bodies to tackle the malignant cultures in the police force. INDECOM is playing its part in this very effort, yet naysayers continue to claim that this endeavor is stymying the work of the police. The JCF’s cultures rendered it ineffective to control crime and instead contributed to crime. These cultures could not have taken root unless they benefitted a group of persons and that group remains loathe to see the change that will relieve them of such improper advantage.

A disciplined police force cannot operate contrary to the law and in a state where some of its members are in continuous disaffection. Resisting and scapegoating the oversight mechanisms will only delay the needed change and distract from the real causes of crime.

The advent of INDECOM and the overall reform of the JCF to promote accountability,
ought to result in a sustainable reduction in crime. But, a resistant JCF retards such
improvement.

There is nothing to suggest that the work of INDECOM has caused an increase in crime. An accountable police force is an effective police force.

Related Document

In his presentation, Commissioner Williams referred to the 2008 JCF Strategic Review. For convenience, here are copies of that document and its appendices:

JCF Strategic Review cover

jcf_strategic_review_2008

JCF Strategic Review Appendices

jcf_strategic_review_appendices

 

 

 

 

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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.


350 Words or Less: Respect Due To These Strong Women on #InternationalWomensDay

Some of the strongest and most inspiring women I have met over the past seventeen years are women who have been seeking justice for relatives who have been killed by members of the security forces here in Jamaica. Mothers, grandmothers, sisters, wives, baby mothers, girlfriends, daughters seeking justice for sons and grandsons, daughters and mothers, brothers and fathers, husbands, baby fathers, boyfriends, friends. More often than not their relatives have been shot and killed by the police; though sometimes they have been killed by soldiers and sometimes they have been killed other than by gunshots.

Women like Jenny Cameron, Leonie Marshall, Monica Williams, Millicent Forbes, Joan McKoy, Paulette Rose, Meloney Lewis, Paulette Wellington. Perhaps I shouldn’t have named any of the women, because in doing so, I leave out so many, many more who have also shown and continue to show tremendous courage and determination, through their grief, in the face of direct threats and intimidation, over years of navigating the frustrating justice system and often with an additional, lingering stigma when a relative has been killed by the police.

Many of these women have spoken out publicly, calling for justice for their relatives and also for other families. In a radio interview recently, Shackelia Jackson – whose brother was killed by the police in 2014 and who has become a strong activist since – spoke about the importance of the voices of family members. And this is so true. When victims and their families speak about their experiences, it carries a particular power and impact.

Today, on International Women’s Day, I want to acknowledge with respect all these women who have, in particularly difficult situations, shown such strength in their stand for justice.

 


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Lighting Candles, Remembering Jason Smith

The music from the sound system  played loudly, tracking through reggae, dancehall, oldies, setting the mood. Children chased each other through the yard, darting round and about the adults’ legs. People were cooking, sharing out food, eating. And every so often, someone stopped in front of the table with pictures, remembering Jason…

IMG_2361[1]

 

Jason Smith was 15-years-old when he was shot and killed by the police in a market stall in Spanish Town on July 9, 2002. An account of the circumstances of Jason’s death and his mother’s fight for justice in the courts is documented in the 2010 Jamaicans for Justice Victims’ Voices video. (And 6 years later, Monica’s civil case continues.)

JFJ Victims' Voices - Monica Williams

Every year Monica Williams and her older son, Leonard, hold a memorial gathering in July. Family, friends and well-wishers join in marking the passing of another year, to say that Jason may be gone, but he is not forgotten. Monica says that not to do something at that time would feel like saying she has stopped remembering Jason. Lenny says it keeps Jason’s memory alive and passes it on to his young son, who never had the chance to know his uncle.

A familiar poster attached to the gate, has been updated again to show that it is now 14 years since Jason’s death.

As darkness falls, Lenny and another young man begin the task of lighting the candles, placing them up and down both sides of the road outside.

A candle under a plastic cup is such a small thing…

IMG_2422… but in the dark it shines so brightly…

IMG_2427

…and even if the rough edges of pain are still present, the beauty of the light cannot be ignored.IMG_2431

The many lights along the sidewalk burn with a fierce insistence that Jason is remembered and loved.IMG_2476Memorial Announcement, Sunday Gleaner, July 10, 2016

Jason Smith notice in Gleaner 10-7-16

 


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Him Done Dead Already: Police Handling of Bodies After Fatal Shootings

It is clear from the video that the police think the man they are throwing into the back of their pickup is already dead. Their disregard is graphically captured, as are the distressed wails and shouts from some of the people witnessing what is happening. The police drive off quickly, once the back of the pickup is secured.

The Independent Commission of Investigation (INDECOM) released the following statement by its Commissioner Terrence Williams on May 27, regarding recent incidents in which the police have shown a lack of respect in their treatment of bodies of people allegedly killed by the police:
INDECOM Press Release 29-5-16 pg1

State Agents’ failure to respect the dead

The Independent Commission of Investigations (INDECOM) notes the recent circulation of a video within public media fora, which records members of the Jamaica Constabulary Force (JCF) handling the apparent lifeless body of Mr. John Hibbert on May 17, 2016 following his alleged fatal shooting by JCF officers. The video shows police officers throwing Mr. Hibbert into the back of a JCF service vehicle.

What is both disturbing and unacceptable is the manner in which the body of Mr. Hibbert is ‘flung’ into the back of the vehicle with absolutely no regard or sense of ‘humanity’ for him. All citizens, irrespective of what they have allegedly done, or who they may be, are entitled to be treated with a measure of respect.

The removal of the deceased from any crime scene, whether by police officers, ambulance service or mortuary officials is deserving of a level of professionalism, dignity and respect, both for the dead and for those family members and friends who are often present.

State Agents are not qualified medical personnel and they cannot formally pronounce persons as dead. They are required to always treat a victim as injured until pronounced dead by a qualified person. Hence, in all cases, a measure of urgency is to be employed when treating with injured persons. The JCF has very clear guidelines within their own ‘Human Rights and Use of Force Policy’ which directs, ‘… that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment’. [Section 57(3)]. This video provides no evidence of this prescribed approach.

The Commission has observed a recent trend in which photographs and videos are circulated on social media platforms following security force-related fatal shootings. Photographs recently posted on the internet concerned two fatal shootings on the 12th and 13th of April 2016.

The photographs show the clearest evidence of a dead person, taken in circumstances in which it is more than reasonable to assume were recorded by State Agents or permitted by them, but in which it was reported that the injured persons were “rushed to hospital.” Such photographic evidence provides a contradictory account to there being any ‘injured’ person or any urgency in being ‘rushed to hospital’. Such photography eliminates the credibility of such statements.

The current video and recent uploading of pictures of people killed by the security forces is observed both nationally and internationally across the World Wide Web, and does little to enhance the reputation of the Jamaican police service. The Commission has received comments and complaints and we urge State Agents to ensure they act, at all times, with the utmost professionalism and demonstrate the due respect for citizens and the families of these dead or injured men.

As the Indian Union Home Minister Rajneth Singh recently commented, following a death in which paramilitary forces were involved, “…as a civilized society it is a common gesture that the dead body of a person be treated with utmost respect and dignity…”

Commissioner of INDECOM, Terrence Williams

The INDECOM Commissioner raises concerns about

  • the way in which the body was thrown into the back of the police vehicle
  • the taking and posting online of photos of people killed by the police & the suggested involvement or complicity of police in the taking of such photos
  • a lack of urgency in taking people shot by police for medical treatment or to be pronounced dead by medical personnel.

Some of these are concerns that have been expressed over many years.

Williams points out that the police, not being medical personnel, are not able formally to pronounce someone dead. This is the reason the police routinely give for not leaving bodies in place at scenes of police killings to enable police photographers or forensic teams to examine bodies where they fell. They say they must take the person to a hospital, as they can’t presume that the person is dead.

In principle, this is a valid reason. Yet often the way the person is handled (as in the video referred to by INDECOM) or the lack of urgency in taking the person to the medical facility shows clearly that the police have already pronounced that him done dead already. If not, they would be handling an injured person in a way which would be a gross dereliction of their duty, according to their own “Human Rights and Use of Force Policy”.

There have been many accounts over decades of police throwing people – dead or still alive – into trunks of police cars or the back of other vehicles, for the journey to the hospital. And many accounts of delays in taking them to hospital.

Basil Brown – Killed February 17, 2003

map showing Kingsway Hope Rd corner

One such instance comes to mind, that of Basil Brown, shot by a policeman on February 17, 2003, across the road from Andrews Memorial Hospital, at the corner of Kingsway Avenue and Hope Road. Witnesses at the scene said that Mr Brown was alive when he was lifted into a van and that nurses who had observed the incident were calling for him to be brought into the hospital. That request was ignored and he was taken instead to the University Hospital some distance away. However, instead of taking the most direct route – straight up Hope Road towards Papine, they set off along Kingsway Avenue, and by the time they arrived at University Hospital, Mr Brown was dead.

Braeton Seven – Killed March 14, 2001

In March 2003, Amnesty International published a report titled “Jamaica: The killing of the Braeton Seven – A justice system on trial”. This was after the conclusion of the Coroner’s Inquest into the deaths of the seven youths killed by police in a house in Braeton, St Catherine, on March 14, 2001.

AI photo from 3-2003 Braeton report

(Photo credit: Amnesty International)

A section in the report deals with the delay in removal of the bodies:

Removal of the bodies

The positioning of dead bodies, blood trails and other evidence can give vital information as to how an individual was killed. Yet the police moved the bodies of the seven before any officer independent of the killings had an opportunity to examine or record their positions. The police later justified their action on the grounds that they had taken the youths to receive medical attention. However, police evidence to the Coroner’s Court suggested that the bodies were left for some time before being taken to hospital. In his original statement to investigators, Senior Superintendent of Police Adams said that the “injured persons” were removed between 4.45 and 5.15am. All the statements made by police officers suggest that the incident was over by around 5am, with references to the “injured” men being “rushed” or “immediately taken” to hospital. One police driver said in his statement that he was instructed to take the men to hospital at approximately 5.30am.AI 2003 Braeton report quote

However, there is clearly a discrepancy of around 40 minutes or longer in the time of departure from Braeton and arrival at the hospital. The men were not documented as arriving at the hospital until approximately 6.20am. A statement by another police driver clearly suggested a delay before they were taken to hospital: “I heard loud explosions that sounded like gunshot, this lasted for some time. About an hour later I was instructed by SSP [Senior Superintendent of Police] Adams…to take them [three of the seven] to hospital.” Another police driver testified before the Coroner’s Court that a journey from Braeton to Spanish Town Public Hospital, in a police car with the sirens on, took 10 minutes at that time of day. Television journalist Michael Pryce told the Court that the police took some time to remove the bodies and that they were loaded into police jeeps “between 6.10 and 6.25/6.30am”.

It is clear from the statements given by various sources, including numerous police officers, that the dead men were not taken to hospital immediately following the incident. In the unlikely event that the men were not dead, the police would have been derelict in their duty for allowing them to die without prompt medical treatment. However, the more likely scenario is that the seven were obviously dead, given the severity of their wounds, and that the police therefore knew medical treatment was not required. In such an event, the appropriate action for the police would have been to leave the bodies wherever they fell, for the investigators to photograph and collect forensic information. (pp 11-12)

Amnesty International – March 2003 Report – Jamaica -The Killing of the Braeton 7

(Six policemen were later charged with murder in the Braeton Seven case, but were acquitted at trial in February 2005.)

In the INDECOM release, Commissioner Williams speaks about an erosion in credibility of police accounts of rushing injured people to hospital. He speaks about damage to the reputation of the Jamaica Constabulary Force (JCF) locally and internationally. He speaks about the need for the police to act with professionalism and respect. He is correct.

Will Police Commissioner Carl Williams have anything to say on this matter?