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The State's Treatment and Care of Inmates 60 Years and Over |

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The State's Treatment and Care of Inmates 60 Years and Over | THE INDECOM QUARTERLY APRIL - JUNE 2020 ____________________________________________________________________________________________________________ 2nd APRIL - JUNE 2020 The State’s Treatment and Care of Inmates 60 Years and Over Page 1 of 26 THE INDECOM QUARTERLY APRIL - JUNE 2020 ____________________________________________________________________________________________________________ “I’m for truth, no matter who tells it. I’m for justice, no matter who it’s against” Malcolm X Page 2 of 26 THE INDECOM QUARTERLY APRIL - JUNE 2020 ____________________________________________________________________________________________________________ Table of Contents IN THIS EDITION OF THE IQ ................................................................................................................................................ 4 FEATURED ARTICLE The State’s Treatment and Care of Inmates 60 Years and Over ......................................................... 5-13 PART ONE: COMPLAINTS New Complaints .............................................................................................................................................. 14 Forensic Scene Response .............................................................................................................................. 15 Complaints by Parish ...................................................................................................................................... 15 Complaints per Organisation ........................................................................................................................ 16 Fatalities per Organisation ............................................................................................................................. 16 Security Force-Related Fatalities List ....................................................................................................... 17-18 PART TWO: LEGAL DEPARTMENT Completed Commission’s Reports ............................................................................................................... 19 Overview: Commission’s Reports Recommendations .............................................................................. 19 Commission’s Reports Recommendations – Fatal Shooting Incidents ............................................... 20-24 Rulings Received from the ODPP arising from INDECOM Investigations................................................. 24 Charges Laid from INDECOM Investigations ............................................................................................... 24 PART THREE: PUBLIC INFORMATION Meeting: Security Forces & INDECOM ......................................................................................................... 25 Outreach – Awareness Exercises .................................................................................................................. 25 Quarterly Overview ......................................................................................................................................... 25 COMPACT DISC 2nd Quarterly Report: April - June 2020 New Complaints: April - June 2020 Commission’s Reports Completed: April - June 2020 (In compliance with Section 17(3) (c) of the INDECOM Act) Page 3 of 26 THE INDECOM QUARTERLY APRIL – JUNE 2020 ____________________________________________________________________________________________________________ THE STATE’S TREATMENT AND CARE OF PART THREE: PUBLIC INFORMATION INMATES AGE 60 YEARS AND OVER The Commission’s Senior Management Team had one (1) meeting with members of the JCF High Command during This 2nd quarterly report is an inquiry into the treatment of the period. inmates over the age of 60 years, across six adult correctional institutions in Jamaica. This wider examination The Commission did not participate in any awareness was in furtherance of the conditions identified during the exercises for the period. investigation into the death in custody of Mr. Noel Chambers. The conditions at each institution were examined according to the environment (physical conditions), health care and records and compliance with The Correctional Institution Rules and The United Nations Standard Minimum Rules for the Treatment of Prisoners. PART ONE: NEW COMPLAINTS The Commission received 410 categories of complaints from 347 incidents reported for the period. The top five categories of complaints include: assault (129), discharge of firearm (83), unprofessional conduct (34), threat (31) and fatal shooting (25)* [see page 14]. The Commission’s Forensic Unit responded to 68 incident scenes for the period. There were three deaths in custody for the period. All parishes had complaints, both fatal and non-fatal, with Kingston and St. Andrew recording the highest with 109 complaints and Portland recording the least with seven (7). PART TWO: THE LEGAL DEPARTMENT In the Legal Department, 205 Commission’s Reports were distributed and completed. An overview of the reports completed, lists the recommendations for no charge, disciplinary action or charge. Recommendations from fatal shooting incidents, where Commission’s Reports were completed during the quarter are also listed. Four (4) members of the Jamaica Constabulary Force (JCF) and two (2) from the Department of Correctional Services (DCS) were charged during the period, for incidents investigated by INDECOM. Page 4 of 26 THE INDECOM QUARTERLY APRIL – JUNE 2020 ____________________________________________________________________________________________________________ The State’s Treatment and Care of All prisoners shall be treated with the respect due to their inherent dignity and value as human Inmates age 60 years and over beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and Introduction other cruel, inhuman or degrading treatment or Following the death of Mr. Noel Chambers, an 81-year-old punishment, for which no circumstances inmate at the Tower Street Adult Correctional Centre whatsoever may be invoked as a justification. The (TSACC) on January 28, 2020, The Independent safety and security of prisoners, staff, service Commission of Investigations (INDECOM) continued providers and visitors shall be ensured at all times. inquiries into the treatment of older inmates in state-owned penal institutions under the purview of the Department of SCOPE OF THE INVESTIGATION Correctional Services (DCS). The institutional failings and the environmental shortcomings identified in Mr. Pursuant to s. 4 (1) (b) of the Independent Commission of Chamber’s death need to be addressed and such Investigations Act, the Commission coordinated their circumstances avoided in the future. investigations across six adult institutions: i. Tower Street Adult Correctional Centre (TSACC); A reference point for developing good governance, and ii. St. Catherine Adult Correctional Centre (SCACC); iii. New Broughton Sunset Adult Correctional Centre adopting a non-discriminatory approach concerning the (NBSACC); treatment of prisoners within the Correctional Service iv. Tamarind Farm Adult Correctional Centre should be the Nelson Mandela Rules. Developed from (TFACC); international consensus, they identify the essential v. South Camp Adult Rehabilitation Centre (SCARC); elements which should exist for persons in enforced vi. Richmond Farm Adult Correctional Centre incarceration, and establish recognised principles and (RFACC); practices which should be implemented. Equally, the Rules acknowledge that not all the rules are capable of NB. Horizon Adult Remand Centre (for the reporting application in all places, at all times, but represent the goal period) had no inmates in custody 60 years and older and to be achieved. thus not included in the review. INDECOM’s wider review was conducted within this The investigation involved the inspection of buildings, framework, at all adult Correctional Centres in Jamaica. photographing of same, examination of records, where A central aim was to determine whether elderly inmates possible, interviews with inmates and relevant staff (for this review, those aged 60 and over) are receiving the members. care compliant with international best practices and legal provisions. The data collected during this enquiry was fulsome and in this regard the team sought to obtain the records for the TERMS OF REFERENCE preceding twelve (12) months to the commencement of this investigation, and examine the following: The full Terms of Reference are outlined in the attached 1. a list of all inmates above the age of 60; Appendix. 2. copies of recent internal and external assessments on the sanitation and environmental conditions The key Constitutional principles, statutory provisions, and best practices are found in the following legal frameworks; at the facilities; and Section 14 (5) of the Charter of Fundamental Rights 3. copies of orders or instructions with regard to the and Freedoms (Constitutional Amendment) Act, diet, access to medical care, monitoring, and 2011 states: protection from other inmates. “any person deprived of his liberty shall be treated Detailed reports were prepared from the inspections and humanely and with respect for the inherent dignity this Quarterly report highlights some of the common of the person”; observations and findings from the six visits in respect of The Correctional Institution (Adult Correctional each correctional centre. Centre) Rules, 1991 CI (ACC) Rules 1991 hereafter referred to as, CI (ACC) Rules 1991; DATA The United Nations
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