Strike Up The Band Let The Party Begin…

THIS IS WHAT IT WAS ALWAYS ABOUT , GETTING TAX PAYERS MONEY THEN HAMSTRUNG THE SECURITY FORCES WORKS FOR BOTH POLITICAL PARTIES ON THE ISLAND..

Tivoli Enquiry commissioners make recommendation to Gov’t

The Commission of Enquiry into the May 2010 secu­ri­ty forces oper­a­tion in West Kingston has rec­om­mend­ed com­pen­sa­tion, with­out delay, and an apol­o­gy to res­i­dents for some actions of the State agents dur­ing the event.

We rec­om­mend that the Government of Jamaica apol­o­gis­es in Parliament to the peo­ple of West Kingston, and Jamaica as a whole, for the excess­es of the secu­ri­ty forces dur­ing the oper­a­tion,” the three-man com­mis­sion, chaired by Barbadian attor­ney Sir David Simmons, said in its report. In the report, which was tabled in the House of Representatives, yes­ter­day by Justice Minister Delroy Chuck, the com­mis­sion, which also includ­ed jurist Justice Hazel Harris and crim­i­nol­o­gist Professor Anthony Harriott, said that this should be done with a view to “assuag­ing the hurt feel­ings, bit­ter­ness and resent­ment of the peo­ple of West Kingston, and with a view to pro­mot­ing restora­tive jus­tice and bring­ing clo­sure to this sor­ry chap­ter in Jamaica’s his­to­ry”. But, accord­ing to the com­mis­sion­ers, even this would not be enough. They felt that there should also be prompt redress by way of com­pen­sa­tion for the victims.

While we recog­nise that there is a press­ing need to bring clo­sure to this mat­ter, and while we are con­scious of INDECOM’s con­tin­u­ing inves­ti­ga­tions, which must not be con­strict­ed, we are of the opin­ion that redress by way of com­pen­sa­tion should pro­ceed with­out delay,” they said. However, the com­mis­sion­ers admit­ted that they have been advised that for­mal legal claims against the State for com­pen­sa­tion in mat­ters involv­ing injury, loss of life and dam­age to prop­er­ty are barred after three years, in some cas­es of death, and after six years in all oth­er cas­es. This means that it would be too late for peo­ple to insti­tute lit­i­ga­tion against the State for com­pen­sa­tion for per­son­al injuries, death and loss and dam­age to prop­er­ty. In the cir­cum­stances, they rec­om­mend­ed that the State “waive its strict legal rights to all claims” and agree to set­tle com­pen­sa­tion on an ex gra­tia basis in respect of claims brought by aggriev­ed indi­vid­u­als, per­son­al rep­re­sen­ta­tives and/​or near rela­tions and/​or depen­dents of the deceased persons.

They said that they have an assur­ance from the Office of the Public Defender that it is “ready, will­ing and able” to facil­i­tate the pro­ce­dur­al require­ments to obtain grants of rep­re­sen­ta­tion. The com­mis­sion­ers, how­ev­er, made it clear that their rec­om­men­da­tion for a waiv­er also applies to claims for loss and dam­age to prop­er­ty and per­son­al injury. The com­mis­sion­ers said, how­ev­er, that the terms of ref­er­ence require the com­mis­sion to deter­mine the ade­qua­cy of com­pen­sa­tion to be paid to the vic­tims, and implies “a will­ing­ness on the part of the Government to ade­quate­ly com­pen­sate the vic­tims who suf­fered per­son­al injuries and prop­er­ty dam­age. “We find this pre­dis­po­si­tion of the Government to be admirable. It is the right thing to do. And it should be done fair­ly,” the report stat­ed. The report was reviewed by the Cabinet on Monday at its week­ly meet­ing at Jamaica House, lead­ing to a deci­sion by the Government to have it tabled by Chuck in the House of Representatives yes­ter­day. The delay was in order to give time to the min­istry to pre­pare copies for cir­cu­la­tion to par­lia­men­tar­i­ans, the press, and oth­er par­tic­i­pat­ing bod­ies. Chuck tabled it pri­or to mak­ing his pre­sen­ta­tion to the House in the annu­al Sectoral Debate, and com­pact discs of the 900-page doc­u­ment were circulated.

The min­is­ter said that despite Monday’s review, because of the length of the report, Cabinet has appoint­ed a sub­com­mit­tee to look at the find­ings and rec­om­men­da­tions in detail and to report back to the minister.Opposition spokesman on nation­al secu­ri­ty Peter Bunting not­ed that there were a num­ber of rec­om­men­da­tions relat­ing to the Defence Act and the Jamaica Defence Force (JDF) which ought to be stud­ied more closely.“I think that there are going to be some very impor­tant take-aways for this Parliament to look at amend­ing some of the leg­is­la­tion to reflect the real­i­ty of how our mil­i­tary oper­ates in sup­port of polic­ing in ways which were, per­haps, nev­er con­tem­plat­ed when it was estab­lished in 1962 and when the Defence Act was passed,” Bunting said.

He said that the Government could count on Opposition sup­port in pass­ing those amend­ments. He also said that the May 2010 activ­i­ty amount­ed to “almost an impos­si­ble sit­u­a­tion” for every­one involved. The com­mis­sion also con­clud­ed that a total of 69 peo­ple were killed dur­ing the oper­a­tion which was aimed at appre­hend­ing fugi­tive gang­ster Christopher ‘Dudus’ Coke, who was want­ed by the United States to face fed­er­al drug charges.The oper­a­tion was launched on May 24, 2010 after repeat­ed appeals by the author­i­ties for the dis­man­tling of block­ades mount­ed at the entrances to Tivoli Gardens were ignored. But police and sol­diers met resis­tance from gun­men loy­al to Coke, result­ing in the fatal­i­ties. During the fight­ing, Coke fled Tivoli Gardens, but was cap­tured weeks lat­er, on June 22, 2010, and waived his right to an extra­di­tion hear­ing. On June 24, 2010, he was flown to New York and was even­tu­al­ly sen­tenced to a 23-year prison term in June 2012 after plead­ing guilty to rack­e­teer­ing. Sticking to the sen­tenc­ing guide­lines under a plea bar­gain­ing arrange­ment reached between Coke’s defence team and pros­e­cu­tors in August 2011, Judge Robert P Patterson imposed the max­i­mum sen­tence, despite last-minute pleas for lenien­cy by Coke him­self and his attor­ney Stephen H Rosen.

AND THE VULTURES CIRC LE FOR THEIR SHARE OF THE PICKINGS..

JFJ demands action after Tivoli Enquiry report tabled

KINGSTON, Jamaica – Jamaicans for Justice (JFJ) are today demand­ing action from the Government, fol­low­ing the tabling of the West Kingston Commission of Enquiry report in Parliament yes­ter­day. In a news release, the JFJ said the commission’s report detailed some of the “great­est assaults on human rights in Jamaica’s mod­ern his­to­ry” and serves as a reminder of the dead­ly cost of a cul­ture of impuni­ty – one paid by the over 70 Jamaicans killed dur­ing the joint police-mil­i­tary oper­a­tion in 2010. However, JFJ point­ed out that the Commission’s report is not the end of the process but the begin­ning of anoth­er stage. “Now, the gov­ern­ment must com­mit to a seri­ous pro­gramme of reform that recog­nis­es, inter­rupts and pre­vents human rights vio­la­tions by the secu­ri­ty forces and strength­ens State organs capa­ble of pro­vid­ing effec­tive reme­dies,” the human rights group said. “Action is the only response that hon­ours the dig­ni­ty of vic­tims and secures jus­tice for those still harmed by State vio­lence across Jamaica.”
The group is there­fore call­ing on the gov­ern­ment to respond offi­cial­ly to the report’s find­ings and expe­di­tious­ly imple­ment its recommendations.

JFJ moved to iden­ti­fy some key rec­om­men­da­tions in the 900-page report, which it says needs to be addressed with­out delay.

The rec­om­men­da­tions are that: the Government apol­o­gise to and com­pen­sate res­i­dents for the “excess­es of the secu­ri­ty forces dur­ing the oper­a­tion”, affirm­ing Jamaica’s bind­ing human rights oblig­a­tions local­ly and inter­na­tion­al­ly; there be con­tin­ued crim­i­nal inves­ti­ga­tions into the killings of res­i­dents whom “all the evi­dence adduced strong­ly suggests…were unlaw­ful­ly killed by uniden­ti­fied police offi­cers”, plac­ing a bur­den on the Government to ensure that the Independent Commission of Investigations (INDECOM) is suf­fi­cient­ly equipped to con­duct impar­tial inves­ti­ga­tions, free from obsta­cles and frus­tra­tions; there be reforms of the secu­ri­ty forces that would improve their use of force, arms man­age­ment, and civil­ian over­sight – long­stand­ing issues raised repeat­ed­ly by civ­il soci­ety. “Starting the process on these pri­or­i­ty rec­om­men­da­tions does not require lengthy delib­er­a­tions – it only requires polit­i­cal will. On mat­ters of such impor­tance, fur­ther delay is not an option,” the JFJ said. http://​www​.jamaicaob​serv​er​.com/​n​e​w​s​/​J​F​J​-​d​e​m​a​n​d​s​-​a​c​t​i​o​n​-​a​f​t​e​r​-​T​i​v​o​l​i​-​E​n​q​u​i​r​y​-​r​e​p​o​r​t​-​t​a​b​led

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