Jamaica Page 1 of 10 Facing the Threat Posed by Iranian Regime | Daily Press Briefing | Other News... Jamaica Country Reports on Human Rights Practices - 2005 Released by the Bureau of Democracy, Human Rights, and Labor March 8, 2006 Jamaica is a constitutional parliamentary democracy with a population of approximately 2.7 million. In the generally free and fair 2002 elections, Prime Minister P.J. Patterson's People's National Party (PNP) won 34 of the 60 seats in the House of Representatives. 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: 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 commit crimes an overburdened judicial system and frequent lengthy delays in trials violence and discrimination against women trafficking in persons 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 some unlawful or unwarranted killings during the year. The police frequently employed lethal force in apprehending criminal suspects, which resulted in 180 deaths (including 13 police officers) compared with 119 deaths (including 11 police officers) in 2004. While allegations of "police murder" remained frequent, the validity of some allegations was suspect. The country faced a critical crime situation with a homicide rate exceeding 62 per 100 thousand persons, the highest in its history. Well-armed gangs that trafficked in narcotics and guns controlled many inner-city communities. The gangs often were equipped better than the police force and conducted coordinated ambushes of joint security patrols. On June 19, Amnesty International (AI) reported that no Jamaica Constabulary Force (JCF) officer had been convicted of murder in the last six years, and that police are "immune from effective prosecution and are allowed to carry out killings with impunity." On August 19, in Kingston, police killed 16-year-old Jeff Smellie who was reportedly returning from visiting his grandmother in the hospital. Police reported that the youth was involved in a shootout. On December 30, police reportedly shot two men in Portmore, St. Catherine. Police stated there was a shootout that resulted in their deaths. Neighbors and family alleged the two men were killed in their sleep, dragged out of the house, and put in police jeeps. The Bureau of Special Investigations (BSI) was investigating the incident. Following a BSI investigation into the March 2004 police killing of three men in Burnt Savannah, Westmoreland, the case was transferred to the Department of Public Prosecutions (DPP). At year's end the case was before the coroner's court to determine whether criminal charges should be brought against any members of the JCF. Similarly, the BSI concluded its investigation into the September 2004 killing by Jamaica Defense Force (JDF) soldiers of Sandra Sewell and Gayon Alcott in August Town, St. Andrew, and transferred the case to the DPP. At year's end the coroner's court was to decide whether Jamaica Page 2 of 10 criminal charges should be brought against any members of the JDF. The BSI also concluded its investigation into the December 2004 police killing of 15-year-old Donovan Hayles and 7-year-old Shakeira Thompson in Old Braeton, St. Catherine, and sent the case to the DPP. At year's end the case was with the DPP, and no formal charges had been made. Six members of the JCF's disbanded Crime Management Unit, including Senior Superintendent Reneto Adams, were charged in connection with the 2003 killing of four people at a home in Crawle, Clarendon. On December 12, the judge found that the prosecution failed to make a prima facie case against three of the officers and ordered the jury to free them. On December 20, the jury found the remaining three officers not guilty. At year's end it was anticipated that the officers would be back at their jobs early in 2006. Following a BSI investigation, authorities brought charges of killing and intent to injure against five police officers for the 2003 police killing of two elderly men in the community of Flankers, St. James. The government accepted liability and agreed to compensate the family of one of the victims in the amount of approximately $80 thousand (J$4.75 million). The trial was expected to begin in 2006. In 1999 Michael Gayle died two days after being injured by the security forces. Authorities admitted that he was killed unlawfully and issued a public apology in March 2004. The government also paid the family approximately $48 thousand (J$2,886,265) in compensation for Gayle's death. On October 24, the Inter-American Commission on Human Rights published its report on the case, which found that the government's remedy and investigation into the case were insufficient. This caused renewed public debate about the DPP's finding that there were no officers who could be charged in connection with the case. On February 11, a trial judge acquitted the six police officers charged in the 2001 killing of seven youths in Braeton, St. Catherine. The court freed the officers after it determined that the prosecution had failed to make a prima facie case against the officers. In the case of the 2000 police killing of Janice Allen, her family appealed the dismissal of the case against the responsible police officer and was awaiting a court date at year's end. During the year at least three detainees died while in police custody. In addition a March 31 escape attempt at Kingston's maximum security prison resulted in the deaths of three inmates. There was no evidence of negligence. Vigilantism and spontaneous mob killings in response to crime continued to be a problem. There were at least 20 vigilante killings during the year, with varying motives. On April 4, a mob in the parish of Trelawny killed two men accused of stealing yams. Human rights advocates contended that police did not consider such killings a priority and expressed concern that the perpetrators rarely were charged. In November unknown assailants kidnapped and killed Lenford "Steve" Harvey, a homosexual man who operated Jamaican AIDS Support for Life (see section 5). b. Disappearance There were no reports of politically motivated disappearances. In December 2004 police allegedly abducted two men in Kingston. Witnesses reported that two members of the JCF Organized Crime Unit handcuffed and took two men into custody. At year's end, authorities had charged one police officer with false imprisonment, but his trial was postponed. The victims had not been found. 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. On August 9, the Department of Correctional Services announced that it had discharged 16 correctional officers for misconduct. At year's end the department, in conjunction with the police, was investigating alleged criminal activities of the fired correctional officers, including trafficking of contraband, abuse of inmates, missing ammunition, and assisting with prison escapes. A former prison doctor for the St. Catherine Adult Correction Center in Spanish Town publicly alleged at a St. Catherine parish council meeting and in a letter to the commissioner of corrections that mass rapes, particularly of mentally ill inmates and inmates serving time for nonviolent offenses, occurred at the prison during the year. The doctor also alleged that prison guards and some inmates were involved in "renting out" the victims for sex with other inmates. The Ministry of National Security agreed to investigate the allegations. On February 17, the Supreme Court ordered the government to pay $50 thousand (J$3 million) in damages for the "oppressive and unconstitutional" conduct by a policeman who shot and injured 36-year-old electrician Esrick Morgan in 1998. On March 9, a Supreme Court judge, in assessing damages against the government, described the conduct of a policeman who gave a prisoner a knife to wound another while in custody as "outrageous." The injured man was awarded $20 thousand (J$1.2 million) with interest in damages. Jamaica Page 3 of 10 There were no developments in the case of six police officers accused of raping a prostitute in Negril, Westmoreland in March 2004. 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 medical care for inmates. A March 31 escape attempt at Kingston's maximum security prison was foiled but resulted in the deaths of three inmates and one prison guard. The media labeled the event a riot. 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, particularly when juvenile facilities were filled to capacity. The majority of pretrial detainees were held in police custody, either in police stations or in remand centers, generally separate from convicted prisoners. 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.