Footnotes:

1. US Department of State, Bureau of Democracy, Human Rights and Labour, Jamaica: Country Reports on Human Rights 2000; http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm; February 2001.
   A study conducted by the Police Executive Research Forum (PERF) - Violent Crime and Murder Reduction in Kingston, Executive Summary and Strategies - concluded, "So urgent is the issue of crime to the lives of Jamaicans that it is fair to say that unless there is a virtual sea change in the crime issue the country's very existence is in danger.", Washington D.C., January 2001, pp. i.
2. For example, the Jamaican constitution provides for a range of rights. These include the right to life, liberty, security of the person, the enjoyment of property and the protection of the law; the right not to be intentionally deprived of life; the right to seek compensation in cases of arbitrary arrest and detention; and the right not to be subjected to torture or to inhuman or degrading punishment or other treatment.
3. These have included the establishment of a civilian body to review investigations of abuses, the Police Public Complaints Authority; reformulated training to police officers on the use of force as well as the creation of a specialised unit to investigate all police shootings - the Bureau of Special Investigations.
4. Annual report submitted to the South African parliament by the statutory oversight body, the Independent Complaints Directorate.
5. Review of the Jamaica Constabulary Force, carried out by M. Hirst, Chief Constable of Leicestershire Constabulary, United Kingdom.
6. The order states that the police "shall use only that force that is reasonably necessary to effectively bring the incident under control" and "shall meet force with no more force than is necessary in protecting the lives of the members or of others."
   Force orders are internal police regulations emanating from the Commissioner of Police. Failure to abide by a Force Order may lead to the imposition of disciplinary sanctions.
   Regulations governing the use of force and firearms have been progressively expanded by the Commissioner of Police. Other regulations provide for strict reporting mechanisms, also in accordance with international standards.
7. On 18 March 1998, the Prime Minister, in a statement relating to the killing of three men by security forces urged the police to have "respect for human life". Shortly after the killing of Leroy Bailey in June 1999, the Prime Minister conceded that the police "had fallen short from time to time in their responsibilities" and announced a plan "to rein in excesses". The plan included restricting the use of high-powered weapons and new training to stress human rights and discourage resorting to firearms.
8. Sources: Constabulary Communications Network (CCN); The Edge of the Knife, Paul Chevigny, NY Press, New York 1995; Civilians shot and killed by police 1984, Jamaica Council for Human Rights, Kingston 1985.
9. The appendix lists further media reports of police killings which have occurred in disputed circumstances.
10. Amnesty was informed that the internal police investigation had been supervised by the Police Public Complaints Authority, the civilian oversight body.
11. The letter also stated that Williams' son would be provided with "psychological and counselling support through the Government's Victim Support Programme and other agencies", in keeping with the country's obligations as a state party to the Convention on the Rights of the Child.
12. UN Basic Principles on the Use of Force and Firearms, cited above, principles 9 and 11.
13. JCF policies forbid firing from or at a moving vehicle unless necessary to protect life. Appendix "A" to Force Orders 2494, dated 20 February 1997, Procedures and Regulations, provide that: B.3 "Weapons shall not be fired from a moving vehicle unless it is necessary to protect a life"; B.4 "Weapons shall not be fired at a moving vehicle unless that vehicle poses an immediate threat to human life"; B.5 "Firearms shall not be discharged when it appears likely that an innocent person may be injured."
14. This police unit previously examined all police shootings until the creation of the Bureau of Special Investigations (BSI) in 1999. See "Investigations" below.
15. See Amnesty International - Jamaica: A summary of concerns - A briefing for the Human Rights Committee, AI Index AMR 38/07/97, October 1997, pp. 12-14.
16. UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 1.
17. McLawrence v Jamaica, UN Doc. CCPR/C/60/D/702/1996, 29 September 1997, para 5.6.
18. Reporte Anual de la Comisión Interamericana - 1985-86, OEA/Ser. L/V/II.68., doc.8., rev.1, 1986, p.154, El Salvador.
19. Principles 19, 16(1) and 24.
20. Oleoresin Capsicum spray (commonly known as OC or Pepper spray) is an inflammatory agent derived from cayenne peppers. OC spray inflames the mucus membranes, causing closing of the eyes, coughing, gagging, shortness of breath and an acute burning sensation on the skin and inside the nose and mouth. Since the early 1990s, more than 60 people in the USA are reported to have died in police custody after being exposed to the spray.
21. Mental health legislation in force at the time of the act granted constables powers to forcible remove "those of unsound mind" for the purposes of treatment in a government clinic or hospital.
22. The Convention defines forced disappearance, under article 2, as the act of depriving a person or persons of his or their freedom, in whatever way, perpetrated by agents of the state or by persons or groups of persons acting with the authorization, support, or acquiescence of the state, followed by an absence of information or a refusal to acknowledge that deprivation of freedom or to give information on the whereabouts of that person, thereby impeding his or her recourse to the applicable legal remedies and procedural guarantees.
23. Amnesty International urged, in an open letter to Prime Minister Patterson on 3 August 1999, for an independent enquiry to examine the arbitrary detention, deprivation of liberty, use of force by police officers in the incident, and the unconfirmed deaths in custody.
24. These were: to enquire into and report on the incident; to establish the identity of those who participated in and ordered the removal of persons; to make recommendations to prevent similar recurrences; to make recommendations for appropriate state redress and to make policy recommendations for the state and public sectors to improve treatment of homeless.
25. The Commission of Inquiry Act to Enquire into the Forced Removal of Homeless Persons from Montego Bay to St. Elizabeth on the 15th Day of July, 1999, page 114.
26. Under the Commissions of Enquiry Act 1873, section 10, these include the same power as Supreme Court judges to summon and examine witnesses, and to call for relevant books, documents and plans. Furthermore, subject to the same rights of privilege as in courts of law, those who refuse to appear, produce relevant evidence or answer the Commission's questions, or who wilfully obstruct or interrupt proceedings, may be fined or imprisoned (section 11).
27. Jamaica Gleaner, 2 May 2000.
28. The package included appropriate accommodation, a reviewable monthly pay out of J$20,000 and food, medical expenses and other support.
29. He also stated that the use of chemical spray during the incident, if confirmed, would be a violation of policy and the subject of criminal prosecution.
30. Amnesty International also urged the government review the use of non-lethal force in the incident, which appeared to contravene Provision 4 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials - "Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result" - and requested a copy of the guidelines on the use of chemical spray by police officers and details of investigating incidents where these weapons are used.
31. In violation of Articles 7 and 14(3)(g) of the ICCPR, article 5.2 of the American Convention on Human Rights, as well as other international treaties.
    The Director of Public Prosecutions stated to the organization in August 2000 that a voir dire - a trial held within a trial to determine the admissibility of evidence - is conducted whenever an allegation of coercion arises in relation to a confession. However, Amnesty International has received information to suggest that evidence obtained as a result of torture has been used to convict individuals.
32. For further information, see Amnesty International, Jamaica - A Summary of Concerns: A Briefing for the Human Rights Committee, AI index: AMR 38/07//97, pp.6-7.
33. Although the victim has made an official complaint, he requested that Amnesty International not refer to him by name.
34. The office of the Ombudsman has since become the Office of the Public Defender.
35. However, some women are prepared to make official complaints regarding ill-treatment and torture. The Jamaica Gleaner reported on 22 June 1998 that three police officers were prosecuted for rape and buggery ("Health risks to be considered in rape victim's case"). A 22-year old woman was awarded damages after being raped by two policemen and sodomized by a third in Central Police station in 1994. The officers were sentenced to 8 years with hard labour for buggery and rape.
36. The United Nations Human Rights Committee has stated that to ensure the protection of the dignity of a person who is being searched by a state official, a body search should only be conducted by someone of the same gender. General Comment 16 to article 17 of the ICCPR , "Compilation of General Comment and General Recommendations Adopted by Human Rights Treaty Bodies," UN Document HRI/GEN/Rev.3, 15 August 1997.
37. In a report to the UN Commission on Human Rights, the UN Special Rapporteur on Torture documented the use of rape in custody as a method of torture, noting that "since it was clear that rape or other forms of sexual assault against women in detention were a particularly ignominious violation of the inherent dignity and right to physical integrity of the human being, they accordingly constituted an act of torture." UN Commission on Human Rights, UN Doc E/CN.4/1992/SR.21, 21 February 1992, para. 35
    Furthermore, consent to sexual acts does not constitute a valid defence under international law. The rules of the International criminal courts on the former Yugoslavia and Rwanda take note of the coercive reality of the custodial environment by providing that in cases of alleged sexual assault, consent is not allowed as a defence if the victim was subjected to or threatened with or has reason to fear violence, duress, detention or psychological oppression. See paragraph 35 of the report by the UN Special Rapporteur on Torture - Feb 21 1992; the ruling of the International Criminal Tribunal for the Former Yugoslavia in the case of Prosecutor v Delacic et al. and Rule 96 of the rules of procedure and evidence of the International Criminal Tribunal for the Former Yugoslavia.
    It is hard to conceive of circumstances in which a sexual advance by an armed male captor to a female captive would not have coercive overtones. Other countries have accepted this and implemented laws forbidding all sexual contact between guards and prisoners. In many states of the USA for example, all forms of sexual contact between a guard and an inmate have been criminalized.
    Iinternational standards such as the UN Standard Minimum Rules for the Treatment of Prisoners also provide that females in all forms of detention shall be attended and supervised only by women officers. The United Nations Special Rapporteur on Violence Against Women has called on all countries to ensure that these standards are fully implemented and to ensure that protective measures for women are guaranteed in all situations of custody, including police detention. Report of the Special Rapporteur on Violence Against Women, E/CN.4/1998/54, Recommendation 1.
38. Signed by Jamaica on 26 January 1990 and ratified on 14 May 1991.
39. Article 37(c). The Convention also specifies that children shall be deprived of their liberty only as a measure of last resort and for the shortest appropriate period.
40. Article 37(c). The Convention also specifies that children shall be deprived of their liberty only as a measure of last resort and for the shortest appropriate period.
41. Article 37(d) of the UN Convention on the Rights of the Child provides that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of their liberty before a court or other competent, independent and impartial tribunal, and to a prompt decision on such action.
42. For further information see "Nobody's Children: Jamaican Children in Police Detention and Government Institutions", Human Rights Watch, New York, 1999. Available at http://www.hrw.org/hrw/reports/1999/jamaica/
43. Interviews with the Ambassador for Children and the Head of the Department of Children's Services. Means of improved co-ordination reportedly included: the appointment of special personnel within the Department of Social Services to monitor such cases; the establishment a 24 hour telephone hot-line direct to social services for cases to be reported; weekly reports to be sent by the police to children's services on the status of children in lock-ups and the creation of a registry to maintain records regarding the arrest and detention of children.
44. Interview with the Ambassador for Children, Marjorie Taylor, August 2000.
45. Sections 76-82 of the Offences Against the Person Act. Article 76 punishes the "abominable crime of buggery" by up to ten years' imprisonment with hard labour. Article 79 punishes, among other things, men who commit any act of gross indecency with another male in public or private by a term of imprisonment of up to two years, with or without hard labour. Section 24 of the Constitution of Jamaica does not prohibit discrimination on the basis of sex. Section 24(7) permits restrictions of a discriminatory character with regard to the right to privacy.
    Amnesty International considers that the existence of such laws violate the prohibition against discrimination, the right to privacy and the right to equal protection under the law enshrined, respectively, in Articles 2(1), 17 and 26 of the ICCPR.
    Amnesty International does not have information about recent successful prosecutions for consensual homosexual activity in private in Jamaica. However, if a person were to be imprisoned under these provisions as a result of consensual sexual activity between adults conducted in private, the organisation would regard him or her as a prisoner of conscience, imprisoned in violation of Articles 2, 17 and 26 of the ICCPR, and would call for the immediate and unconditional release of the individual concerned. For more information, see, Amnesty International, Jamaica - A Summary of Concerns: A Briefing for the Human Rights Committee, AI index: AMR 38/07//97.
46. The UN Human Rights Committee has noted that "sodomy" laws are an obstacle to HIV prevention work, See UN Human Rights Committee, Toonen v. Australia.
47. The military has a history of involvement in civilian law enforcement in Jamaica. For example, on 2 October 1966, the government called out several hundred military and police personnel when a state of emergency was declared. For more information, see, Government, the Police and Personal Freedom, Jamaica Council for Human Rights, Kingston September 1967, pp. 4. Previously, the Suppression of Crimes Act gave soldiers the power of arrest when in joint operations with the police.
48. The Minister of National Security, K D Knight, stated, "Certain provisions of this Act have generated widespread criticism because they have enabled the police to abuse the civil rights of people. This abuse has served over the years to alienate the police from the people and has contributed to the lack of confidence in the police" See "Crime Act to be repealed", Jamaica Gleaner, 16 July 1993.
49. The act was criticized for this reason by MPs and human rights activists, including the Jamaica Council for Human Rights, Lloyd Barnett, Hugh Small and Delroy Chuck, amongst others. See for example, Security Minister Says 1974 Legislation Ineffectual, Caribbean and Central American Report, 19 May 1994 and The Legacy of the Crime Act, Jamaica Gleaner, 30 March 1994.
50. Jamaica Constabulary Force Act, section 16, "Any warrant lawfully issued by a Justice ... may be executed by any Constable at any time notwithstanding that the warrant is not is his possession at that time but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after arrest."
51. UN Convention Against Torture, article 2.
52. Barbados Nation, Army Fall Out "Durant and Haynes not happy with role of BDF", 9 May 2000.
53. Constabulary Force Act 1997, section 50A (3) (b)
54. For further information, see Amnesty International - Jamaica: The killing of Michael Gayle: Authorities Yet to Hold Police and Army Officers Accountable, AI index AMR 38/02/00, available on AI's website at www.amnesty.org
55. Attorney Hugh Small, QC, quoted in the Jamaica Observer, 14 March 2000.
56. The Legal Aid Act followed the repeal of the Poor Prisoners' Defence Act. Under this act, legal aid was not available from the time of arrest. In 1997, the UN Human Rights Committee noted that the adequate remuneration of lawyers acting under the Poor Prisoners' Defence Act at all stages of arrest and subsequent proceedings would "greatly assist in providing a proper defence of clients in a proper manner."CCPR/C/61/CMT/JAM/3;HUMAN RIGHTS COMMITTEE; Sixty-first session, Geneva, 20 October - 7 November 1997, Consideration of reports submitted by States parties under article 40 of the Covenant, JAMAICA (Concluding Observations, 14).
57. The Legal Aid Act (Act 36 of 1997), The Legal Aid Regulations, 1999, part IV. 9-15. The duty counsel scheme became operational on 1 May 2000.
58. The Executive Director of the Legal Aid Council informed Amnesty International in August 2000 that, at that time, 95 of 165 police stations on the island were currently covered by the duty counsel scheme. The Council has also visited police headquarters in all 12 parishes, to provide training on these duties. The Legal Aid Council was established to administer legal assistance.
59. The Executive Director of the Legal Aid Council informed Amnesty International in August 2000 that, at that time, 95 of 165 police stations on the island were currently covered by the duty counsel scheme. The Council has also visited police headquarters in all 12 parishes, to provide training on these duties. The Legal Aid Council was established to administer legal assistance.
60. Report of the HRC, vol. 1, (A/45/40), 1990, para. 333, Federal Republic of Germany; Brogan et al v. United Kingdom, 29 November 1988, 145b Ser. A33 at 62.
61. Source: Interview with Executive Director, Legal Aid Council, February 2001.
62. UN Human Rights Committee, General Comment 20 concerning prohibition of torture and cruel treatment or punishment (Article 7), 10/04/92, point 11.
63. Resolution 1989/65, paragraph 1.
64. For example, Bautista v. Colombia, UN Doc: CCPR/C/55/D/563/1993 at para 8.6 and Chaparro et al v. Colombia, UN Doc: CCPR/C/60/D/612/1995 at para 8.8.
65. Complaints on fatalities are to be sent to the DPP after the initial deposition of the complaint, under s. 14.(3)(d) of the Police Public Complaints Act. The act states that it is the Commissioner who decides whether to refer a complaint on to the DPP, but that if there is any indication of criminal conduct, the complaint shall be referred to the DPP beforehand for advice and other direction as necessary.
66. Investigations into police shootings were previously undertaken by the Office of Professional Responsibility. Defending the decision not to establish a civilian body, Prime Minister Patterson reportedly said that, "training and establishing a civilian group would be tantamount to establishing another police force." The Prime Minister also suggested that the creation of the BSI was designed to bring about closer collaboration between internal police investigations and prosecutors and to improve the manner in which police investigations are carried out, stating, "this new procedure will ensure that investigations are timely, thorough and seen to be impartial." "New approach to probing report against cops" Jamaica Gleaner 6 May 1999.
67. The Chairman of the PPCA indicated that complaints regarding ill-treatment by soldiers could be reported to the Public Defender. However, the Public Defender stated to Amnesty International that he has not received or investigated any such complaints.
68. See UN Principles for the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, principles 12, 13, 14 and 16.
69. For example, see The Harmonization of Medico-Autopsy Rules, Council of Europe, Recommendation No. R (99) 3 and explanatory memorandum, adopted by the Committee of Ministers of the Council of Europe on 2 February 1999.
70. Amnesty International had originally requested and received copies of the reports from the authorities. However, every report received from the authorities was missing vital pages. Copies were obtained from other sources.
71. See for example, UN Principles for the Effective Prevention and Investigation of Extra-Legal, Summary and Arbitrary Executions, principle 16.
72. Under Jamaican law, post mortem examinations into violent, unnatural or sudden deaths are discretionary.
73. As in other countries with similar legal systems, the main function of the inquest system in Jamaica is to inquire into the circumstances and determine the cause of sudden or unnatural deaths which are not the subject of criminal proceedings.
74. The Coroners Act, 12 June 1900, s. 14.
75. Op. Cit., 14. A Coroner exercising his discretion, by deciding not to resume an inquest in these circumstances, must be satisfied that criminal proceedings have established the cause of death and ascertained that it is not suspected to be murder or manslaughter.
    Op. Cit., 15. Coroners must forward medical and police records together with a statement to the DPP. Should a ruling be given by the coroner that it is not necessary for an inquest to be held, the DPP is obliged to give further direction on, upon receipt of relevant reports. A Judge of the Supreme Court may also order an inquest if satisfied that a coroner has refused or neglected to or disobeyed a DPP directive than one take place, upon application to the DPP. (s. 21-(1)
76. UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. 11. Rules and regulations on the use of firearms by law enforcement officials should include guidelines that: (d) Regulate the control, storage and issuing of firearms, including procedures for ensuring that law enforcement officials are accountable for the firearms and ammunition issued to them.
77. Appendix "A" to Force Orders 2492 Dated 20.02.97, IX. Issue of Firearms, E. and F.
78. Guidelines on the Role of Prosecutors, Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990), principle 11.
79. Principle 15.
80. A/RES/53/144, 8 March 1999, Fifty-third session, Agenda item 110 (b), RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Third Committee (A/53/625/Add.2)], 53/144, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: articles 9 3(c) and 12.
81. See for example, UN Principles for the Effective Prevention and Investigation of Extralegal, Summary and Arbitrary Executions, No. 17.
82. As previously cited, concluding observations (16).
83. The Constabulary Force (Amendment) Act, 1997, section 81.-(1) (b) and (a). The Inspectorate is composed of public officers and is granted broad powers to inspect police records and premises.
84. Office of the Police Public Complaints Authority, Annual Report 1998-99, Introduction, pp. 2.
85. A rare example was the conviction on October 13 1999 of 3 police officers of non capital murder, for the murder of David Black in Rio Bueno Police Station, Trelawny, on 10 September 1995.
    Neither the BSI nor the DPP were able to provide statistics on prosecutions or disciplining to Amnesty International. Accurate information on prosecutions and disciplining of officers is not published regularly. It is common for the public to be left uninformed as to the outcome of investigations.
86. Writs are filed at a rate of approximately 10 to 12 per week, despite the fact that legal aid was not available for constitutional actions and other civil proceedings until 2000, and despite the fact that proceedings are often lengthy, with victims waiting years to receive compensation.
    For example, in January 2000, two men were awarded a total of J$6,161,510 (approximately US$136,700) by the Supreme Court for damages arising out of a claim for unlawful assault and negligence dating back to 1991. Johnny Nugent v. Attorney General of Jamaica; Rudolph Bailey v. Inspector Vandel Preddie, Acting Corporal Errol Simms, Attorney General for Jamaica. The complainants had between 40% and 55% impairment of their bodies. The judge accepted the plaintiffs' case that a police inspector had deliberately ran into them with his jeep while they were riding on Nugent's motorcycle, causing a crash, had stolen money from them, and had left them on a pavement near a hospital.
    In 1997 the UN Human Rights Committee urged that draft legislation to provide legal aid in such cases be enacted speedily and sufficiently resourced to function effectively. They recommended that Jamaica continually monitor the quality of legal aid representation, ensuring especially that competent counsel be assigned to individuals accused of capital and other serious offences, 8., CCPR/C/61/CMT/JAM/3, Sixty-first session, Geneva, 20 October - 7 November 1997.
87. Responsibility for administering discipline in the JDF is vested in the Chief of Staff and the Jamaican Defence Board. Soldiers may not be discharged or transferred when charged with offences under the provisions of the JDF Act.
88. As previously cited, pp. v.
89. See for example Constables on the run, Jamaica Gleaner, 18 September 2000.
90. See The Edge of the Knife, previously cited, page 219.
91. The 1998-99 PPCA Annual Report stated that there were 175 reported complaints against the rank of corporals or below, as against 51 reported complaints against Inspectors and Sergeants.
92. Senior Superintendent Grant, interviewed on 'Nationwide', Hot FM, 8 August 2000.
93. Provisions in the Jamaica Defence Act for example provide that the following are offences, many of which are triable by military court martial and punishable with imprisonment: making false statements when acting as a witness before a court; making false documents or altering documents, or commanding or aiding someone else to do so; scandalous or disgraceful conduct; conduct to the prejudice of good order and military discipline; disobeying lawful commands and defying authority; and wilful damage of public property. It is also an offence to unnecessarily delay investigation of alleged infringements of JDA provisions, which are to be investigated without undue delay.
94. Source: "With friends like these, Mr Paterson", Jamaican Observer, 23 March 2001.