1. One or two Directors will head each Committee.
2. No statements to the press proporting to come from Jamaicans For Justice, will be issued without the sanction of the Chairperson of the P.R. Committee and / or the Directors, individually or collectively.
3. Statements in respect of incidents may not be collected on behalf of Jamaicans For Justice without the express consent of the Chairman of the Response Committee or the Committee sitting in session.
4. All decisions to act on behalf of Jamaicans For Justice must be taken by a minimum of two (2) Directors.
5. The Directors may enact other rules and regulations in the interim period as circumstances of demand.
6. We welcome all visitors, but please check with two or more Directors before snapping photos.
Our Positioning
Jamaicans for Justice has collected, analysed and reported on issues in relation to the judiciary and policing in Jamaica since inception in 1999. We knew when we began that there were systemic problems, but we didn’t expect the depth or extent to which the weaknesses and failings of two of the State’s largest arms were failing a country’s people.
Our perspectives in turn, are rooted in both time-honoured research and practical experience; trial records and detailed case files on clients represented by Jamaicans for Justice, for example, have helped to shape our positioning on justice and police reform.
JFJ contends that successfully addressing these institutional failings requires a holistic approach that combines political and civil society will with concurrent police and court reform.
The following position statements speak largely to this premise and specifically address issues underpinning the current institutional failings of the judiciary and police and security forces.
Crime and Violence
Violence has been a deep-rooted, long-standing problem that has stymied and plagued us, and stunted our growth as a nation. The continued rise in violent crimes is unacceptable to all well-thinking Jamaicans. All of us, in all sectors of society, have been adversely affected.
Real and sustained reductions in crime can only be attained through effective policing, where enforcement of the law preserves the human rights of all citizens. Similarly, crime cannot be reduced without a strong and efficacious judiciary that operates efficiently, unfettered and incorruptible.
Controlling violent crime, particularly murders, requires sustained, resourced and focused crime prevention strategies and social interventions coupled with sensible, trustworthy policing and improved administration of justice.
Policing – Excessive Use of Force / Extra-judicial Police Shootings
Preamble
In a document from the Permanent Mission of Jamaica to the Organization of American States in March 2008, the Government of Jamaica advised on its position on extra-judicial killings by Jamaican security forces by stating “The new Government of Jamaica considers the occurrence of such killings a most grave and urgent problem requiring immediate attention. To be clear, the government shares with Jamaicans for Justice and other stakeholders the view that the citizens of Jamaica must have the full protection of their rights and freedoms under the Constitution of Jamaica.”
The position paper further outlined the government’s commitment to policy and legislative initiatives, such as an independent commission to investigate abuses and excessive use of force by Agents of the State, special Prosecutor and Coroner’s Bills, and constitutional amendments to the Charter of Rights and Freedoms.
Current empirical data records more than 700 deaths resulting from police shootings since 2004. Roughly 20% of all homicides in Jamaica in 2007 were alleged cases of unlawful police killings. Less than 1% of police arrests resulted in conviction. There has been one conviction of a police officer for murder, in 2006.
The number of police killings or injury cases that actually make it to the criminal courts – 134 out of nearly 3400 total incidents since 1999 and involving nearly 1500 fatalities – is testimony to the persistent lack of accountability and oversight.
Gaining control of the unacceptable murder rate is not going to happen overnight and as a society we must avoid the tendency to employ policing methods which have resulted in alienation of the police from the people and breaches of human rights.
Human Rights and Policing
Although not the only ones, citizens in socio-economically depressed communities suffer the most egregious abuse of rights, including extrajudicial executions, unlawful detention, unlawful searches etc. Very often, persons in these communities do not have the socio-economic means to mount defenses, redress or achieve recourse with respect to abuses of their rights. The State and its Agents have a binding obligation to protect the fundamental human rights of all of Jamaica’s citizens.
Jamaicans for Justice believes that the State and its agents are bound to adhere to the principles of international justice and human rights, as ratified by the Jamaican Constitution and the Universal Declaration of Human Rights (UDHR).
Human Rights are not an obstacle to peace and security, but the tools for the preservation of peace and security. Police services which respect human rights receive benefits that result in more effective policing, while building a law enforcement structure that does not rely on fear and physical force, but rather on honour, professionalism and legality. When the police are seen to respect, uphold and protect human rights public confidence in the police grows and community co-operation increases; professional pride in policing is maintained, adding to job satisfaction rates, institutional reputation and recruitment drives.
Preventive Detention and Suspension of Civil Liberties
In every instance in the past that Jamaican citizens have been called upon to surrender their civil liberties, their lot has worsened, not improved. The strategy of asking for citizens to surrender their rights in the interest of fighting crime has been tried ad nauseum since the state of emergency in 1976.
Preventive detention regimes have not resulted in a decrease in violent crime; in fact this tactic has had the opposite effect. Jamaicans for Justice acknowledges that crime in Jamaica is an extraordinary challenge but believes that success in defeating crime is not to be found in extraordinary police powers. It is to be found in extraordinary police men and women providing exemplary leadership and service and acting to uphold the law and the Constitution.
We do believe in fortifying the numbers of police and security forces patrolling inner city communities in times such as these; instating a heavy and sustained police presence is a reasonable tactic to combat flare-ups and hot spots that is non-violent, but formidable, and often reassuring to the majority of law-abiding citizens who themselves are vulnerable and at risk.
Police Relations
Jamaicans for Justice is not anti-police, nor does it protect criminals. Notwithstanding the evidence of police corruption and institutional failings in the criminal justice system, there are significant numbers of good policemen and women who deserve an organisation that is service oriented with proper support systems to assist these officers in doing their jobs. Dedication and performance shown by professional police officers should be cultivated, promoted and acknowledged.
We believe that the principle that law enforcement shall preserve the human rights of all citizens does exist within the Constabulary and Police High Command. It is the legal duty of the Commissioner of Police to lead the Jamaican Constabulary Force in a manner which preserves the peace, detects crime and apprehends those persons reasonably suspected of criminal activity.
The Commissioner and his men are responsible only for the policing elements. The political and societal will must be rallied to provide the interventions required in controlling the crime rate.
The Justice System
The 2007 Jamaican Justice System Reform Project is a national multi-stakeholder initiative that JFJ has contributed to and fundamentally supports. Among its goals, a justice system that is efficient, accessible, accountable, fair and able to deliver timely results in a cost-effective manner.
JFJ envisions a justice system that adheres to the rule of law and respects human rights as set out in the Jamaican Constitution and the Universal Declaration of Human Rights (UDHR). In its current state, we contend that the justice system is flawed, corrupted and over-burdened. Without an effective justice system, lawful policing is compromised and crime is not reduced.
Concurrent with deficiencies and irregularities in policing, key recurring data collected on the justice system reveals weaknesses and improprieties related to arrest and detention, access to legal aid, and the functioning of the courts.
Social & Economic Justice
Organisations working in community development face extreme adversity everyday. Amongst issues of poverty and violence, community-based organisations (CBO’s) assist citizens to defend their basic human rights and are often the first line of intervention to voice community development concerns.
Knowing your rights and having the tools and information to hold government accountable, are the first steps to social and economic justice and development rights. Jamaicans for Justice (JFJ) believes that fundamental change must be supported by experience and practice. It is our aim to support different communities in the process of seeking social justice and human rights through the Access to Information Act legislated by Parliament, and the Social and Economic Justice Project managed by Jamaicans for Justice.
Public Sector Integrity
Non-governmental organisations (NGO’s) have a leadership role to play in the oversight of publicly-appropriated funds for social services such as water, roads and community infrastructure, by promoting integrity and transparency among public servants and by providing education, communication and outreach at the community level.
Encouraging a collective commitment to contribute to a culture of “Right-doing” involves organisations, the communities they represent, and oversight bodies such as Jamaicans for Justice working jointly with the public sector to prevent local problems through education and promotion of ethical practices.
“Wrongdoing” defined
the violation of any federal law or regulations;
the misuse of public funds or assets;
gross mismanagement or serious breaches in codes of conduct;
an act or omission that creates a substantial and specific danger to the life, health and safety of persons or the environment.
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