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Jamaica: a Long Road to Justice? 5 Human Rights Violations Under the State of Emergency

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Jamaica: a Long Road to Justice? 5 Human Rights Violations Under the State of Emergency Jamaica: a long ro ad to Ju stice? HuMAn RIgHts vIolAtIons undeR tHe stAte of eMeRgency amnesty international is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. our vision is for every person to enjoy all the rights enshrined in the universal declaration of Human rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. first published in 2011 by amnesty international ltd Peter Benenson House 1 easton street london Wc1X 0dW united Kingdom © amnesty international 2011 index: amr 38/002/2011 english original language: english Printed by amnesty international, international secretariat, united Kingdom all rights reserved. this publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. the copyright holders request that all such use be registered with them for impact assessment purposes. for copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. to request permission, or for any other inquiries, please contact [email protected] Cover phot o: members of the Jamaica defence force stand guard following the may 2010 incursion by the security forces into tivoli gardens. © the gleaner company ltd amnesty.org CONTENTS ABBREVIATIONS ...................................................................................................4 1. INTRODUCTION .......................................................................................................5 The May-July 2010 events..........................................................................................5 The official response..................................................................................................6 2. BACKGROUND .........................................................................................................8 The public security context.........................................................................................8 Public security reforms...............................................................................................9 Previous confrontations in West Kingston ...................................................................10 3. ALLEGED HUMAN RIGHTS VIOLATIONS DURING THE STATE OF EMERGENCY..........12 Unlawful killings......................................................................................................12 Enforced disappearances..........................................................................................16 Arbitrary arrests and detentions.................................................................................16 4. THE INVESTIGATIONS............................................................................................21 Shortcomings in the investigation..............................................................................23 Shortcomings in the initial phase of the investigation...................................................24 Shortcomings in the forensic services .........................................................................24 Calls for a commission of inquiry...............................................................................25 5. CONCLUSIONS AND RECOMMENDATIONS ..............................................................27 Conclusions ............................................................................................................27 Recommendations ...................................................................................................28 ENDNOTES...........................................................................................................33 ABBREVIATIONS Bureau of Special Investigations (BSI) Independent Commission of Investigations (INDECOM) Jamaica Constabulary Force (JCF) Jamaica Defence Force (JDF) Jamaica Labour Party (JLP) Office of the Public Defender (OPD) Police Public Complaints Authority (PPCA) United Nations (UN) Universal Periodic Review (UPR) JAMAICA: A LONG ROAD TO JUSTICE? 5 HUMAN RIGHTS VIOLATIONS UNDER THE STATE OF EMERGENCY 1. INTRODUCTION On 23 May 2010, the Governor-General of Jamaica declared a State of Public Emergency in the parishes of Kingston and St Andrew. Within two days, at least 74 people, including one member of the security forces, had been killed in Tivoli Gardens in West Kingston, scene of much of the violence. At least 54 others, more than half of them members of the security forces, were injured during police operations. More than 40 of those killed in Tivoli Gardens are alleged to have been the victims of extrajudicial execution by the security forces.1 Unlawful killings were also reported in other operations conducted during the state of emergency. More than 4,000 people were detained under emergency powers, without charge or trial or access to an effective means of challenging the lawfulness of their detention before a court. Two people reportedly taken into custody remain unaccounted for and may have been victims of enforced disappearance. The events in West Kingston occurred in the context of high levels of crime and violence, particularly in communities with a long history of state neglect. Those living in marginalized inner-city communities face exclusion on many levels, including access to jobs, basic services and adequate housing. Largely abandoned by the state, these communities have been left at the mercy of criminal gangs who have taken over many of the functions that should be fulfilled by the state. The May 2010 violence has been described as “the worst in Jamaican post-independence history”.2 Some have compared it to the killing of 500 slaves by colonial officials during the 1831 slave revolt lead by Sam Sharpe. According to the Jamaican Public Defender (an independent officer of Parliament similar to an ombudsman) the primary difference between the two events is that the Tivoli Gardens killings “took place in the context of a 21st-century Jamaican state which claims to be governed by conventions of human rights to which it is signatory”.3 Despite the scale of the loss of life and compelling testimonies of grave human rights violations – including possible extrajudicial executions, enforced disappearances and arbitrary arrests – investigations into the violence have yet to establish the facts and the responsibilities conclusively. Independent organizations and institutions in Jamaica continue to call for a full public inquiry into the security forces operation. One year on, the demand for justice by many survivors and victims’ families has yet to be answered. THE MAY-JULY 2010 EVENTS The decision to declare a one-month state of emergency on 23 May 2010 was taken at the request of the Cabinet following an increase in violence in West Kingston.4 The conflict centred on attempts by armed supporters of Christopher “Dudus” Coke to resist efforts to take him into custody. The US authorities were seeking Christopher Coke’s extradition to the USA where he faced drug-trafficking and firearms charges.5 Index: AMR 38/002/2011 Amnesty International May 2011 6 JAMAICA: A LONG ROAD TO JUSTICE? HUMAN RIGHTS VIOLATIONS UNDER THE STATE OF EMERGENCY On 23 May, several police stations were attacked by gunmen; two were burned down. The police reported that officers removing barricades erected on major roads in West Kingston were fired on. Two police officers were killed in the community of Mountain View during the night. There were reports that heavily armed men were manning roadblocks into the Tivoli Gardens community and positioned on the top of buildings in the area. On 24 May, the police and the military initiated a joint operation in the West Kingston community of Tivoli Gardens. The stated purpose of the operation was to arrest Christopher Coke and re-establish order in the community. During the first two days of the operation, at least 74 people, including a member of the Jamaica Defence Force (JDF), were killed and at least 54 people, including 28 members of the security forces, were injured. On 27 May, the media were finally allowed to enter Tivoli Gardens, but only under military escort. Journalists’ ability to gather information during this strictly controlled guided tour was very limited.6 On 22 June, Christopher Coke was arrested.7 On the same day, Parliament voted to extend the state of emergency for a further month and to include the parish of St Catherine. In calling for the one-month extension, the Prime Minister claimed that the security force operation in West Kingston had brought that community “substantially under control” and that the country’s murder rate had declined by 35 per cent compared to the same period the previous year.8 The justification offered for extending the state of emergency to St Catherine was a spike in the number of murders in the parish and the presence of powerful criminal gangs.9 On 22 July, the state of emergency ended after a government request for a further one-month extension was rejected by Parliament. THE OFFICIAL RESPONSE Despite the high number of fatalities and injuries resulting from the operation in Tivoli Gardens, the Commissioner of Police praised the professionalism of the security forces,10 while the Minister of National
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