Right Steps & Poui Trees


1 Comment

Disaster Risk Management Order No. 11 – Dated July 31, 2020

The Gazette of the Disaster Risk Management (Emergency Measures) (No. 11) Order, 2020 is available. It contains measures announced by Prime Minster Holness in Parliament on Tuesday, July 28, 2020. Many of the measures will expire on September 30, 2020, unless amended prior to that date.

Disaster Risk Management Order No 11 cover blog pic

The Disaster Risk Management (Enforcement Measures) (No. 11) Order, 2020 – July 31, 2020

Order No. 11 is posted on the websites of the Ministry of Justice and the Office of the Prime Minister.

House of Representatives Sitting on July 28, 2020.

The Prime Minster’s statement begins at approx 3:42:35 of the recording.

 


4 Comments

The Death of Noel Chambers: “…a comprehensive audit…has been commissioned”

On January 24, 2020, Mr Noel Chambers died in the Tower Street Adult Correctional Centre.

INDECOM 1st Quarterly Report 2020 - Noel Chambers - blog picOn June 2, 2020, the public was made aware of Mr Chambers’ death when the Independent Commission of Investigations (INDECOM) released its First Quarterly Report for 2020 at a digital press conference. The details given about Mr Chambers’ incarceration and death were horrifying and outraged the country.

“At the time of his death Mr. Chambers was 81 years old. He was incarcerated on February 4, 1980 and had been in prison for 40 years without being tried. He was being held at the Governor General’s pleasure, deemed unfit to plead to a charge of murder. Therefore he was being held in custody without being convicted for an offence….

At the time of his death he was in a deplorable physical condition. His clothing was filthy and his body showed evidence of chronic emaciation. He was covered with what appeared to be vermin bites, live bedbugs (‘chink’) and he showed signs of having bed sores.”

(p. 5, INDECOM First Quarterly Report 2020)

In the days following news of Mr Chambers’ death, we were told that more details regarding the circumstances surrounding his death and the government’s response would be given when Minister of National Security Horace Chang gave a statement in Parliament. The Department of Correctional Services, which manages the prisons, falls under the Ministry of National Security.

On June 16, 2020, Minister Chang gave a statement in Parliament.  This is the text of the statement…

Minister Chang statement re Noel Chambers blog pic

PARLIAMENTARY STATEMENT on death of Noel Chambers

…and this is a link to the Public Broadcasting Corporation of Jamaica’s (PBCJ) recording of the sitting of the House of Representatives that day. Minister Chang’s statement about the death of Mr Chambers begins at approximately 23:30 in the recording.

PBCJ Min Chang Parliament 16-6-2020 Noel Chambers statement pic

I have a number of concerns arising out of this statement, but the one I want to focus on here is the audit announced in Paragraph 4 of Minister Chang’s statement:

Mr. Speaker, it is important to note that a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned. This audit is expected to not only reveal the circumstances specific to his death but also to thoroughly examine the procedures involved in the treatment of inmates who are deemed unfit to plead. In the interim, I wish to outline the details of preliminary findings from the special investigation undertaken by the Department of Correctional Services.

“…a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned.” This is what the Parliament was told and by extension the country as a whole. This is put forward as a major mechanism for uncovering the details surrounding Mr Chambers’ death, for accountability and for recommending changes in the systems that allowed for his incarceration and death.

“…a comprehensive audit into the circumstances surrounding the death of Mr Chambers has been commissioned.”

  • Who commissioned the audit?
  • Who is carrying out the audit? What body? Which individuals?
  • What are the terms of reference of the audit?
  • What resources and powers have been granted for the carrying out of this audit?
  • What is the timeline for the completion of the audit?
  • To whom will the audit report be sent once it is completed?
  • Will the audit report be tabled in Parliament? Will it be made public?

If the answers to these questions are not made public, it will be difficult – if not impossible – for the public to hold the government accountable for this process and any subsequent action.

One reason why greater transparency is absolutely necessary is that this audit process may be being carried out by entities and/or individuals responsible for the circumstances that led to Mr Chambers’ incarceration and death.

More information is necessary, Minister Chang.

We need to remember that it wasn’t the Ministry of National Security that brought Mr Chambers’ death to public attention. Without INDECOM’s report, we would not have known.

 

 

 

 


Jamaica’s Gazetted #COVID19 Order No. 4: April 21, 2020

A new Disaster Risk Management Order setting out measures to deal with Covid-19 in Jamaica has been gazetted. I have posted a copy here:

 

gazetted covid-19 Order No. 4 21-4-2020 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 4) Order, 2020 – April 21, 2020

The Gazetted Order is available online on the Office of the Prime Minister’s website.

The OPM website Covid19 Order No 4 blog pic

The Prime Minister announced the measures at a press briefing on Monday evening (April 20, 2020). The draft order was the subject of discussion in Parliament late into the night on Tuesday (April 21, 2020) and was subsequently gazetted. The gazetted order is dated April 21, which does raise the question of whether it was gazetted that night before midnight, or whether it was actually gazetted the following day (April 22) and back-dated. And whether that matters or not…

This is a link to the Public Broadcasting Corporation of Jamaica’s (PBCJ) recording of that sitting of Parliament. Prime Minister Holness’ statement regarding Order No. 4 begins at about 4:16:30 in the video.


1 Comment

Office of Public Defender’s Submission: The Report & the Presentations in Parliament

On November 21 & November 27, 2018, Public Defender Arlene Harrison-Henry presented a report on impacts of the States of Public Emergency to the Internal and External Affairs Committee of Parliament. The report focuses primarily on data concerning detainees and the conditions in which they have been held. There has been much public discussion regarding the report and I simply wanted to make it available for those who would like to read it.

Public Defender's report Nov 2018Office of the Public Defender – The Submission to Internal and External Affairs Committee of Parliament

Office of the Public Defender – Appendices to Submissions

 

 

 

 

Public Defender - IEAC November 27, 2018

The next meeting of the Internal and External Affairs Committee is currently scheduled for Tuesday, January 8, 2019 at 10:00am. The Commissioner of Police is to be invited to attend, as well as the Public Defender.


3 Comments

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.