Right Steps & Poui Trees


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350 Words Or Less: What Was The JDF Response To The Commission Of Enquiry Recommendations?

Quite rightly, there are increasing questions about the Jamaica Defence Force (JDF) response to the recommendations made by the West Kingston Commission of Enquiry, which examined the 2010 security operation, in which 69 or more people were killed. This comes in the wake of the release of the Jamaica Constabulary Force (JCF) Administrative Review Report, which has been met with much criticism and calls for its withdrawal.

I hadn’t been able to find online the JDF’s press release sent out in June 2016 after the Commission of Enquiry report was made public. So, two weeks ago I called the JDF and asked for a copy. Within less than half an hour, I received an email with the press release attached.JDF press release re WKGNCOE

The JDF’s release is much shorter and less specific than the similar release by the JCF at the time.

The list of recommendations in Chapter 15 of the Commission’s report included a number of recommendations regarding the JDF. An official public update on the status of the implementation of those recommendations would be in order. Will the JDF give such an update? Will the Government require that the JDF gives such an update? These questions highlight, once again, the need for a post-Enquiry requirement for a structured timetable of official, public updates regarding the implementation of recommendations. These matters are too important to be left to speculation or ad hoc reporting.

WKGN COE rec 15.17WKGN COE rec 15.20WKGN COE rec 15.22WKGN COE rec 15.23WKGN COE rec 15.24 - 26WKGN COE rec 15.28WKGN COE rec 15.31 - 33WKGN COE rec 15.34WKGN COE rec 15.36

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JCF Administrative Review Committee Clears JCF…Of Pretty Much Everything

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

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JCF Administrative Review Committee Clears JCF…Of Pretty Much Everything

Two days ago (August 8, 2017) Commissioner of Police George Quallo released the “Report of Administrative Review Committee Appointed to Review Conduct of JCF Named Officers During the 2010 West Kingston Operation and Related Matters”.

 

(Click for JCF West Kingston Administrative Review Committee Report – June 2017)

Since the release, there has been increasing discussion of the report, with expressions of criticism and concern. I have been among those expressing concerns as, having read the report, I believe it raises questions of process, substance and tone. I think that beyond the report itself, there is also the consideration of its wider impact on issues of post-Commission of Enquiry processes and of police accountability.

The Committee started its review on February 28, 2017 and concluded on June 19, 2017, having had eleven sittings. Its Terms of Reference (TOR) were as follows:JCF Administrative Review Committee TORThe members of the Committee were:JCF Admin Review Comm members

The findings of the Committee were as follows:

TOR 1

1a) 3.11 The Committee, having reviewed the Operations Plan, agreed that the Command Structure was appropriate for the task.

1b) 4.8 Having reviewed the Operations Plan, reports and statements of the JCF officers vital to the Terms of Reference, the Committee agreed that the Command Protocol was adequate.

1c & 1d) 5.10 Upon a thorough review of the conduct of the operation, the Committee agreed unanimously, that the span of control was clear and the span of command effective.

1e) 6.18 Despite the absence of the CIB participation and the delays occasioned by the prevailing circumstances, the Committee agreed that effective and adequate investigations were carried out in instances where deadly force was used.

6.19 The Committee finds that there was a system to ensure effective and adequate
investigations in the event of the resort to use of force by members of the JCF.

6.20 The Committee finds that the system was not followed according to the plan. However, the BSI rose to the occasion.

TOR 2

7.63 Upon a complete and thorough examination of the evidence, including, the Operation Plan, various reports, transcripts and statements; and for the reasons stated above, no basis could be found by the Committee, upon which any of the Named Officers should be cited for misconduct and/or dereliction of duty.

In the final account, the Committee found that the JCF, its systems, performance and members were “appropriate”, “adequate”, “clear”, “effective”, “effective”, “adequate”, “effective”, “adequate”, “rose to the occasion”, without basis to “be cited for misconduct and/or dereliction of duty”. The report and its findings give little indication of the kind of self-reflection that would be valuable to the police force following the events of 2010 and the report and recommendations of the Commission of Enquiry.  There is a sense of the-JCF-did-nothing-wrong-time-to-move-on.

As required by TOR 3, recommendations were given:JCF Admin Review Comm recommendations 1JCF Admin Review Comm recommendations 2

I have some questions about the process of the Administrative Review, including the following:

– In its June 30, 2016 press release responding to the Commission of Enquiry report, the JCF committed to establishing an Independent Administrative Review Panel which would be composed of  “one Deputy Commissioner of Police, the head of the Inspectorate of the Constabulary (IOC), one member of the Police Service Commission (PSC), one member of the Police Civilian Oversight Authority (PCOA), and one independent person, preferably an attorney at law, to be selected by the PSC and PCOA.” Why was the proposed composition for the Panel not eventually followed?

– What were the reasons that resulted in the review taking eight months to begin?

– The Committee made an initial decision not to require any of the 5 named officers to appear before it and even when one member of the Committee made a formal request for two of the officers to appear, the majority decision was not to require this. What was the reasoning behind not making use of the presence of the officers to give additional clarity during the review process?JCF Admin Review Comm methodology

There are points at which the Committee’s tone seems to be defensive and dismissive in a manner that is not appropriate or useful. One such instance of this is in a section entitled “Other Evidence”.JCF Admin Review Comm - other evidence

The assertion in 7.44 that the Commission didn’t seem to be concerned with the dangerous nature of the operation and the heavy gunfire faced by officers on the ground is hard to understand if one watched the proceedings of the Enquiry or if one has read the Commission’s report. Chapter 4, for example, is squarely focused on this matter, and its contents and findings contradict this assertion in the Administrative Review Report.WKGN COE report Ch 4 pic

The assertion in 7.44 also seems to be dismissive of the concern with collection of bodies shown by the Commission. Scores of people died during the May 2010 operation, 69 according to the Commission’s findings. This was one of the most grave outcomes of the operation. It was absolutely necessary that the Commission devote attention to uncovering information that could assist in establishing the circumstances in which these people died. The collection of bodies was not something detached from this process, as the time, location and manner of such collection could contribute valuable information.

AHHThe Office of the Public Defender has been involved from the start in the process of seeking the truth about what happened in the May 2010 operation. It is not surprising that the current Public Defender, Arlene Harrison Henry, has issued a statement about the just released JCF report. In the statement, she calls for the withdrawal of the Administrative Review Committee report and she has indicated that her Office has written to the Attorney General for an opinion on the way forward. (Click for Office of the Public Defender – Press Release re JCF Administrative Review 2017)

There is more to be said and I will deal in subsequent posts with additional aspects of the Review report and its implications.

 

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When Will The Public See The JCF Administrative Review Report, Commissioner Quallo?


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When Will The Public See The JCF Administrative Review Report, Commissioner Quallo?

Last Friday, July 28, 2017, the High Command of the Jamaica Constabulary Force (JCF) released the following statement indicating that it has completed an Administrative Review into the May 2010 operation in Western Kingston.JCF release re admin reviews - 28-7-17 aJCF release re admin reviews - 28-7-17 b

Jul.28l.17 – High Command responds to Editorial

The release referred to a Gleaner editorial (actually published on July 24, 2017), which questioned the lack of a public update regarding the JCF’s promised actions in response to the recommendations of the Western Kingston Commission of Enquiry.

The Commission’s report was tabled in Parliament on June 15, 2016, and two weeks later, on June 30, 2016, the JCF issued a press release giving its response to the recommendations made in the Commission’s report. It indicated its position regarding a number of the recommendations –  15.17, 15.18, 15.20, 15.21, 15.22, 15.27, 15.28, 15.30, 15.31 – 15.33, 15.34, 15.35 – saying what actions it intended to take in response.  I do wonder why it took 8 months more (according to last Friday’s press release) for the promised review to begin.

I hope that Commissioner Quallo will make the report public sooner rather than later; it is reportedly now being “shared with the various oversight bodies for the JCF.” Until then, the public will not be able to assess the scope and adequacy of the review or its recommendations. This public accounting is an essential part of the post-Enquiry process.

Twitter Thread

Below is a series of tweets that I made on June 30, 2017, highlighting some issues that ought to be dealt with in the JCF review report.

SG tweet 30-6-17 1SG tweet 30-6-17 2SG tweet 30-6-17 3SG tweet 30-6-17 4SG tweet 30-6-17 5SG tweet 30-6-17 6SG tweet 30-6-17 7SG tweet 30-6-17 8SG tweet 30-6-17 9SG tweet 30-6-17 10SG tweet 30-6-17 11SG tweet 30-6-17 12SG tweet 30-6-17 13SG tweet 30-6-17 14SG tweet 30-6-17 15SG tweet 30-6-17 16SG tweet 30-6-17 17

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.#AToZChallengeJamaica: R is for Reports & Recommendations

WKGNCOE cover vol 1Last week Wednesday (June 15), the report of the Western Kingston Commission of Enquiry was tabled in the Parliament by Minister of Justice, Delroy Chuck. Since then there has been much discussion of the report itself, as well as the recommendations detailed in Chapter 15. (The link above to the report on Parliament’s website no longer functions. Click here for the report on the Ministry of Justice website. Edit added 29/4/2017)

 

 

 

 

 

 

 

 

The 900 page (including appendices) report is written in very clear and accessible language and is  organised in a logical  manner.

WKGNCOE report structure of

I would encourage people to read at least some chapters of the report, and to follow what steps are taken towards implementation of the recommendations within the report.

Because that’s the thing. We are good at doing reports and making recommendations, but where we repeatedly fall down is on implementation.

Minister Chuck said that a sub-committee of Cabinet has been set up to review this report and that a committee of Parliament will also consider the report. The Government needs to  clear in a timely manner which recommendations of the report it has accepted and what the plans and timelines are for implementation. And the country must be provided with regular updates regarding the implementation. We must remember that this report isn’t the end of the process; it is one milestone along a longer process towards accountability and justice regarding the horrendous events of May 2010.

Two other reports to be considered in the context of the Western Kingston 2016 Report are:

Kerr Report 1997 coverthe 1997 Report of the National Committee on Political Tribalism (otherwise known as the Kerr Report)

 

 

 

 

 

 

 

JCF Strategic Review 2008 coverand the 2008 Strategic Review of the Jamaica Constabulary Force.( JCF strategic_review_2008).