October 28, 2001
JAMAICANS UNITED AGAINST POLICE BRUTALITY DEAR FRIENDS, The following is a FAST (Families Against State Terrorism) newsletter. On Thursday November 1, starting at
7am FAST will be leading a protest action beginning at the
Half Way Tree Clock Tower Plaza and ending opposite Jamaica House at Ardenne
Road. The protest action aims to bring attention to the Prime Minister's
legal accountability for police murders and to send a message to the incoming
minister of national security that Jamaican citizens will not support any
legislation to further curtial their civil liberties and that they are
demanding radical reform of the police force.
FAST Forward no.8 2001 October 27 Glimmers of Light among Dark Shadows This week human rights activists saw some glimmers of light, and have yet to determine if these were signs of dawn or flashes from cruise missiles about to explode. 1. Peter Phillips is replacing KD Knight as Minister of Security. KD Knight made no secret of his defence of police when they abuse and kill, and he was consistently dismissive of human rights concerns. Peter Phillips, as cabinet member, was part of formulating the policies that guided KD Knight’s actions as Minister of Security. Phillips has already called for “severe, extreme, and resolute measures” to be taken to restore law and order in the country. He has referred to Britain’s Terrorism Act (2000) as a possible model for legislation to contain crime and violence in Jamaica. Amnesty International has described this piece of legislation as introducing provisions that “either directly contravene international human rights treaties, or may result in human rights violations [in the UK]”. The following provisions cause particular concern to human rights activists: * wide-ranging powers of arrest; * denial of a detainee's access to a lawyer upon arrest; * denial of the right to have a lawyer present during interrogation; * the maximum period of detention without charge being seven days, with an extension of up to five days being granted by a judicial authority after the initial 48 hours; * the shifting of the burden of proof from the prosecution to the defence in various provisions of the Bill. Peter Phillips pursuit of this route would mean introduction of laws even more draconian than the Suppression of Crime Act. This Act, introduced in 1974 and repealed in 1993, contributed to a culture of policing in which disregard for citizens’ right became the norm and the rate of police killings reached a high of over 300 in one year. Phillips’ pronouncements so far do not engender hope that he, any more than his predecessor, will uphold the human rights of Jamaican citizens. 2. Ministries of Security and Justice have been separated, with the Justice portfolio going to the Attorney General, AJ Nicholson. Nicholson’s post makes him the government’s lawyer, and his public statements have never been supportive of citizens’ rights. When Amnesty International launched its 2000 report on Jamaica, Nicholson blasted Pierre Sane, then Amnesty’s Secretary-General. However, he did not address any of the police killings and abuses described in the report. The split of the ministries needs to be accompanied by signs of political will to ensure respect for human rights in the leadership. 3. Commissioner Forbes has proposed a review of the Crime Management Unit (CMU). This unit, led by Senior Superintendent Reneto Evans, has been involved in highly publicized killings in Braeton, East Kingston, and West Kingston, as well as numerous other extra-judicial killings across Jamaica. The most recent was the killing of Andrew Stephens after he was handcuffed. About 50 people witnessed this killing. The review might have been appropriate had the CMU been committing minor offences. The killing of Andrew Stephens is blatant murder, and ought to bring immediate criminal charges NOT a mere review. 4. Commissioner Forbes proposes that the Police Public Complaints Authority (PPCA) undertake full responsibility for investigating police abuses and killings, and that the Bureau of Special Investigations be scrapped. Human rights activists have long held that police cannot investigate police, and have demanded civilian oversight of the police. However, the PPCA has never distinguished itself in carrying out its mandate, and has built no public record of challenging police infringement of human rights. The civilian body needs to be truly independent of the police. It needs the will, the power, the resources, and the Cabinet support to change a culture in which the security forces can breach citizens’ rights with impunity. 5. Katchroy McLeish was freed of charges laid when security forces shot him and shattered his leg in eight places in February 2000. Katchroy was then handcuffed to his hospital bed and charged with shooting at intent and illegal possession of a firearm. However, witnesses stated that he had no weapon and talking with a friend close to his home when the security force bullet struck him from behind. Katchroy’s family is happy that he no longer faces charges in the Gun Court. However, the family has faced difficult financial times since Katchroy was shot and injured. He was the sole breadwinner in his home, and his leg is not yet sufficiently healed for him to return to his job as a tiler. The death of his father and the multiple strokes of his grandmother are linked to with trauma resulting from the action of the security forces, and tension surrounding Katchroy’s many court appearances. In addition, the family resources are depleted with legal fees, medical costs, funeral expenses, support for Katchroy’s two children, and the loss of Katchroy’s income. If you think you can offer any kind of help to Katchroy’s mother, please telephone Yvonne McCalla Sobers at 977-3602. Human rights activists need to be particularly vigilant at this time. We need to ensure that apparent concessions do not divert our attention while serious abrogations of human rights continue unchanged, or worsen. Yvonne McCalla Sobers Please respond to [email protected] Click here to return to Jamaicans United Against Police Brutality homepage. |