Previous West Kingston Commission of Enquiry

Terms of Reference of that Enquiry as established by the then Government( Note I did not say which one it was, so you will have to determine which was the Government of the day 🙂 )

The Terms of Reference of the Commission are as follows:

“To enquire into and report on all factors and aspects concerning the upsurge of criminal violence since May 2001 in a number of urban communities within the Kingston Metropolitan Region, including the communities of Fletcher’s Land, Hannah Town, Wilton Gardens, Rose Town, Arnett Gardens, Matthews Lane, Denham Town and Tivoli Gardens.

“(a) to examine the causes and circumstances relating to the criminal activities including the presence and/or use of illegal weapons, ammunition and narcotic drugs within the affected communities;

“(b) to enquire into and report on whether and to what extent the upsurge of violence and criminality is linked to external connections and illegal enterprises dealing in drugs, illicit weapons, money laundering, extortion of money and other elements of organised crime;

“(c) to enquire into the conduct of the Security Forces in carrying out law enforcement functions in the affected communities.

“2. To enquire into and report on the reason(s) and motive(s) for the presence of the Security Forces in the vicinity of Denham Town and Tivoli Gardens and their environs during July 7-10, 2001 and to determine whether the Security Forces came under gun fire or were otherwise impeded in the execution of their duties whilst in the aforesaid vicinity and/or environs.

And further:

(a) to enquire into and report on the causes and the circumstances which were responsible for creating the ensuing upsurge of violence and the ravages arising in the aftermath of such violence;

(b) to enquire into and report on the causes and circumstances in which civilians and security personnel lost their lives or were injured; the movement or non-removal of deceased bodies during the period of conflict;

(c) to ascertain and report on whether the rights of any person(s) were violated in the affected communities;

(d) to enquire into and report on the causes and circumstances relating to any attacks launched against the Security Forces, including police stations, vehicles and equipment;

(e) to enquire as to what damage, if any, ensued to the property and assets of residents, businesses and vendors and to report on the causes and circumstances which so occasioned it;

(f) to enquire into and report on the deployment, operation and conduct of the Security Forces within the precincts during the period in question;

(g) to enquire into and report on the causes and circumstances which are responsible for the loss of lives, the establishment of roadblocks and other forms of disruption in several communities throughout Jamaica in the aftermath;

(h) to identify, wherever possible, the persons or organisations which may have participated in or contributed to the actions at (a) – (g) above.

“3. To make recommendations that will assist the Security Forces in effectively and professionally discharging their responsibilities for the maintenance of law and order in the aforesaid and similar communities without endangering their own safety or that of innocent persons.

“4. To submit recommendations as to the measures which would contribute to permanent and effective solutions for a more peaceful social order in the affected communities; to the building of community esteem; the enhancement of relationships between the Security Forces, residents and businesses within these areas; the control and reduction of criminality; the retrieving of illegal guns, ammunition, other offensive weapons and illicit substances and the proper safeguard and accountability for whatever may be seized.

“5. To determine which of its sittings are held in public or in private, having special regard to issues of national security, concerns relating to the fear of reprisals and the possibility of civil and criminal proceedings resulting from the facts and circumstances giving rise to the enquiry.

In light of the foregoing, the Commission should, in relation to the conduct of the enquiry, decide the extent to which it is desirable and practicable for any recording or publication of its proceedings to accord with the procedure for hearings before the Supreme Court.

“6. To submit a final report so soon as possible but be at liberty to submit any interim report(s) as it may find necessary.”

Amnesty International Summary of the  West Kingston COE( 2001).

Amnesty International concludes that the West Kingston Commission of Enquiry has failed to fulfil its obligations under international law to fully investigate the deaths of at least 25 people, killed on a balance of probabilities by state agents.  The Inquiry finds no-one responsible for the killings and fails to consider the possibility of criminal proceedings, in violation of international standards.  The report of the Commission fails to deal with the international standards which govern the use of lethal force, and the planning of the operation. 

https://www.google.com.jm/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDgQFjAD&url=http%3A%2F%2Fwww.sosjamaica.org%2Fdocumenti%2FUntilTheirVoicesAreHeard-Summary.doc&ei=BAKJUZO4BMbZ0QGu9YCgBw&usg=AFQjCNFEctPhqgkhUPgN2XQeM_HOLLDTcA

Final Report on West Kingston COE

http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=publisher&publisher=AMNESTY&type=&coi=JAM&docid=3f12f2c34&skip=0

The main difference between this enquiry and the one of 2001 is back then the COE was done while the GOV of the who “authorized” the incursion was still in power. Today the Government who is undertaking the COE and setting the terms of reference is different from the one which was in power, while the incursion was taking place.

What’s the point of this?

Well for one there is really no need to “protect” the Government and that may offer a glimmer of hope that we may have improved results this time around, but I am not holding my breath.

Bless