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| Thursday, 09 September 2010 |
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A.I. Report on Jamaica 2005 |
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Written by Amnesty International
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Thursday, 24 November 2005 |
JamaicaCovering events from January - December 2004
Reports of police brutality and excessive use
of force by police and the armed forces continued. The number of police
officers charged with murder increased, but there were no convictions.
At least 100 people were killed by the police, many in circumstances
suggesting they were extrajudicially executed.
Conditions of detention frequently amounted to cruel, inhuman or
degrading treatment. At least two people were sentenced to death; there
were no executions.
Background
Large sections of the population continued to live in poverty. The
economy showed signs of improvement but remained dire. The situation
was exacerbated by the devastation caused by Hurricane Ivan in
September. Jamaican society continued to suffer from high level of
violence; at least 1,445 people were reportedly murdered, including 12
police officers.
Unlawful killings
The authorities gave differing figures on the number of people killed
by the police. National human rights groups believed the figure of 130
to be accurate. Many of these killings may have been unlawful. For the
fifth consecutive year, no police officers were brought to justice for
their involvement in cases of unlawful killing, although some were
under investigation.
- In March, Phillip Baker, Craig Vacianna and taxi driver Omar Graham
were killed by police in Burnt Savannah. All were shot in the head. The
police claimed that they returned fire after the men got out of the
taxi and shot at them. Local residents claimed the three men were
killed one at a time after being forced to kneel down. Omar Graham
reportedly begged for his life before he was shot.
- In September, Sandra Sewell and Gayon Alcott were fatally shot in
disputed circumstances in August Town by members of the Jamaican
Defence Force. According to members of the local community, Gayon
Alcott was shot after being challenged for smoking marijuana and then
shot again as he tried to flee. Sandra Sewell was killed as she
crouched to avoid the gunfire. Soldiers claimed they were fired upon
and then returned fire and that an automatic gun was recovered from the
scene of the crime.
Impunity
Investigations into alleged extrajudicial executions remained
inadequate. Police officers often failed to protect crime scenes,
allowing forensic evidence to be destroyed, lost or damaged. Statements
from officers involved in fatal shootings were often taken after long
delays. A government pledge to strengthen investigations into police
killings failed to materialize.
- In March, the prosecution of a police officer charged with the
murder in 2000 of 13-year-old Janice Allen collapsed after the state
failed to present any evidence and the prosecution told the court that
a police officer whose testimony was vital was not in the country; this
later transpired to be untrue and the officer was available to give
evidence. The family of Janice Allen unsuccessfully appealed against
the officer's acquittal.
- In December, two police officers were acquitted of the murder of
seven-year-old Romaine Edwards who died after the officers shot into
the yard were he was standing, allegedly at a wanted criminal. Romaine
Edwards' parents denied that any armed men were present when he was
shot.
In April, the Prime Minister announced that the Police Public
Complaints Authority would be relocated and its staffing increased. The
office was relocated but no significant increase in personnel was
reported to have occurred.
There was an increase in the number of officers charged with unlawful
killings committed while on duty. They included six police officers
charged in April with the murder of four people in Crawle in May 2003,
and three police officers charged in May with the murder of Jason Smith
in 2002. The trial of six officers in connection with the murder of
seven young men in Braeton in March 2001 was scheduled to begin in
January 2005.
Death penalty
In July, the Judicial Committee of the Privy Council in the UK, the
highest court of appeal for Jamaica, ruled that mandatory death
sentences for capital murder violated the Constitution. The ruling
requires that all those currently under sentence of death be given new
sentencing hearings in order to present mitigating evidence to the
court.
Torture and ill-treatment
There were continuing reports of ill-treatment, possibly amounting to
torture, in police custody. Conditions in prison and other places of
detention were harsh and in many cases amounted to cruel, inhuman or
degrading treatment.
- Conditions at the Tower Street Correctional Centre led to a hunger
strike by prisoners. Inmates were reportedly held six to a cell of
approximately 3m x 2m.
There was a reported drop in violence between inmates, but numerous prisoners were killed during the year.
- In September, Mark Frazier was allegedly killed by other prisoners
in Montego Bay Freeport police lockup. However, local residents alleged
that he was beaten by police officers while being taken into custody.
Violence against women
According to government figures, at least 550 rapes of women were
reported to the authorities between January and July. Many of those
raped declined to report the assault. In November, a government
minister stated that one in five women aged between 15 and 19 are
subjected to forced sexual intercourse.
Human rights defenders, gay men and lesbians
Those involved in defending human rights continued to face hostility.
In November, the Police Federation called for human rights groups to
cease their "illegal interference" and urged the government to charge
them with sedition.
In November, the human rights organization Human Rights Watch released a report on abuses against gay men and lesbians, Hated to Death: Homophobia, Violence and Jamaica's HIV/AIDS Epidemic.
Following the publication of the report, the gay and lesbian community
also reported a rise in attacks and threats against homosexuals.
AI country visits
In October AI sent a pathologist to observe the autopsies of Sandra
Sewell and Gayon Alcott. In November an AI delegation visited Jamaica
to hold talks with national human rights groups. |
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