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Jamaica Page 1 of 10 Jamaica Page 1 of 10 Jamaica Country Reports on Human Rights Practices - 2007 Released by the Bureau of Democracy, Human Rights, and Labor March 11, 2008 Jamaica is a constitutional parliamentary democracy with a population of approximately 2.7 million. In generally free and fair elections on September 5, the Jamaica Labour Party (JLP), led by Bruce Golding, won 32 of the 60 seats in the House of Representatives, and he was sworn in as prime minister on September 10. The civilian authorities generally maintained effective control of the security forces. While the government generally respected the human rights of its citizens, there were serious problems in some areas, including: unlawful killings committed by members of the security forces, mob violence against and vigilante killings of those suspected of breaking the law, abuse of detainees and prisoners by police and prison guards, poor prison and jail conditions, continued impunity for police who committed crimes, an overburdened judicial system and frequent lengthy delays in trials, violence and discrimination against women, trafficking in persons, and violence against suspected or known homosexuals. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life While the government or its agents did not commit any politically motivated killings, security forces committed unlawful or unwarranted killings during the year. The police frequently employed lethal force in apprehending criminal suspects, which resulted in 219 deaths as of December 1, compared with 189 deaths for the same period in 2006. While allegations of "police murder" remained frequent, the validity of some allegations was suspect. Well-armed gangs that trafficked in narcotics and guns controlled many inner-city communities. The gangs often were better equipped than the police force and conducted coordinated ambushes of joint security patrols. The human rights group Jamaicans for Justice accused police of an average of 20 questionable killings monthly for the period from January 2005 through April 2007. On September 28, police shot a Grants Pen resident, Andre Thomas, who was among a group of men whom the police said were acting suspiciously. However, residents of the area rejected the police version of the incident and staged a protest in the community. The incident was further elevated because the police officers did not report the shooting to their superiors and took their police vehicle to a local body shop to repair damage in an attempt to tamper with the evidence. The father of the victim claimed his son was alive and bleeding from two gunshot wounds when he was placed in the back of the police vehicle. Upon reaching the hospital, he was pronounced dead, and the medical report listed four gunshot wounds. The four officers involved were placed on desk duty until the full investigation is complete; no results had been announced by year's end. On September 18 in Hampstead, St. Thomas, police shot and killed Tian Wolfe, a 19-year-old pregnant woman, and Dexter Hyatt, a day laborer. According to police accounts, Hyatt fired upon the officers, and he was found clutching a revolver after the shooting occurred. Local residents said police shot Wolfe after she joined a protest following Hyatt's shooting. The police claimed they fired into the crowd of protesters after they were fired upon. Authorities conducted an investigation but announced no results by year's end. There was no known progress in the investigations into the police killings of four men in Alexandria and one detainee in custody in 2006. http://www.state.gov/g/drl/rls/hrrpt/2007/100645.htm 3/26/2008 Jamaica Page 2 of 10 A coroner's court hearing was scheduled for November in the 2005 killing of 16-year-old Jeff Smellie by police in Kingston. The Department of Public Prosecutions (DPP) had not yet set a hearing date after the police Bureau of Special Investigations (BSI) concluded its investigation of the 2005 police killing of Nichols Weir and Donald Allen in Portmore, St. Catherine. There was no information available about a coroner's court hearing into the 2004 police killing of three men in Burnt Savannah, Westmoreland. In May a coroner's court found no one criminally responsible in the 2004 killing by Jamaica Defence Force (JDF) soldiers of Sandra Sewell and Gayon Alcott in August Town, St. Andrew. It can take many years to bring police officers to trial for unlawful killings. Authorities set a trial date of March 15 for three police officers charged with the 2001 killing of Richard Williams, but one of the accused reportedly fled the country. A new trial date had not been set for the three police officers charged in 2003 with the 1999 killing of Noel Barnes in a shoot-out with police, after the first trial ended with a hung jury. Appeals also can take years. On October 16, the Court of Appeals granted final leave for attorneys representing the mother of Janice Allen, killed by police in 2001, to take her case to the Privy Council. The family had appealed the dismissal of the case against the responsible police officer. Vigilantism and spontaneous mob killings in response to crime continued to be problems. While not frequently reported in the media, this perhaps reflected a sense that police did not give such cases high priority. In late December, however, the media widely reported that a vigilante mob angered at the alleged theft of a goat from the Papine area of St. Andrew, near the University of the West Indies (UWI) campus, attacked and killed three men seen in a car with a goat in the area on a Saturday night. One of the victims was a 25-year-old history major in his final year at UWI. There was no police response until days after the incident, with the media and letters to the editor expressing disdain over the lack of response. The police arrested at least three persons allegedly involved in the killing. b. Disappearance There were no reports of politically motivated disappearances. There was no further action in the case involving charges of false imprisonment against Lawrence Clayton, a police officer, for his role in the 2004 police abduction of two men in Kingston. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Although the law prohibits such practices, reports of physical abuse of prisoners by guards continued, despite efforts by the government to remove abusive guards and improve procedures. The police began an investigation of one correctional officer suspected of aiding a 2005 prison escape, but it was not completed by year's end, and no hearings or inquests were held. Prison and Detention Center Conditions Prison conditions remained poor, primarily due to overcrowding and poor sanitary conditions. The Department of Correctional Services took measures during the year to improve catering services and also entered into a new contract for insect and rodent control for all facilities. Medical care also was poor, primarily a result of having only three full-time doctors, one full-time nurse, and no psychiatrist to cover 13 facilities with 4,790 inmates across the island. Men and women were incarcerated in separate facilities under similar conditions, except that women's prisons were generally not overcrowded. Although the law prohibits the incarceration of children in adult prisons, some juveniles were held with adults in jails. Adults and juveniles were segregated in the prison system. The majority of pretrial detainees were held in police custody either in police stations or in remand centers, generally separate from convicted prisoners. When prisoners raise allegations of abuse by correctional officers, the charges are first reviewed by corrections officials, http://www.state.gov/g/drl/rls/hrrpt/2007/100645.htm 3/26/2008 Jamaica Page 3 of 10 then by an inspector from the Ministry of National Security, and finally by the police. Authorities file charges against correctional officers for abuse if evidence is found to support the allegations. In general the government allowed private groups, voluntary and religious organizations, local and international human rights organizations, and the media to visit prisons and monitor prison conditions, and such visits took place during the year. d. Arbitrary Arrest or Detention The law permits the arrest of persons "reasonably suspected" of having committed a crime. While the law prohibits arbitrary arrest, security forces performed "cordon and search" operations, during which they detained persons and took them into custody for processing. Role of the Police and Security Apparatus The Jamaica Constabulary Force (JCF) has primary responsibility for internal security and is assisted by the Island Special Constabulary Force. The JDF is charged with national defense, marine narcotics interdiction, and JCF support. The JDF has no mandate to maintain law and order and no powers of arrest (with the exception of the JDF coast guard in the maritime domain) unless so ordered by the prime minister. The Jamaica Regiment (JDF infantry forces) was detached as part of a joint internal security operation to assist the JCF in patrolling certain communities. The prime minister occasionally authorized the JDF to cordon and search with the JCF. The Ministry of National Security oversees the JCF and the JDF. The JCF is headed by a commissioner who delegates authority through the ranks to its constables. The force maintains divisions focusing on community policing, special response, intelligence gathering, and internal affairs. Faced with a homicide rate exceeding 51 per 100,000 persons, an increase from the 2006 rate of 45, the JCF generally was not effective. The perception of corruption and impunity within the force was a serious problem that contributed to a lack of public confidence in the institution.
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