THE Government, with the support of the Opposition, will pursue a constitutional change to circumvent the five-year stricture on hanging convicts, imposed by the United Kingdom-based Privy Council in 1994, if members of parliament vote for the death penalty this week.

The debate, which started last week Tuesday, is expected to end today or tomorrow, depending on how many more MPs contribute.

Indications are that the majority of MPs are siding with their constituents by favouring retention of the death penalty in the conscience vote. A "yes" vote became even more evident last week, after the Opposition tabled an amendment which read:

"Be it further resolved that the Constitution of Jamaica be amended to remove the five-year stricture in relation to the carrying out of the death penalty after conviction, and also that the rulings of the Governor General's Privy Council concerning the prerogative of mercy cannot be inquired into in a court of law."

Prime Minister Golding, who tabled the original resolution, initially scoffed at the proposed amendment as an attempt to push the United Kingdom's Privy Council out the back door, as the final court. The governing Jamaica Labour Party (JLP) has always insisted that any move to replace the Privy Council should be done through a referendum.

Golding had also suggested that, by reforming the court system cases could be wound up and death sentences carried out well within the five-year limit.

However, last Wednesday Golding informed the House that the Government had reached a compromise with the Opposition to go ahead with the vote on whether to retain the death penalty or not, then move on to have the five-year stricture removed.

The prime minister reiterated his position at Sunday's 65th annual conference of the JLP at the National Arena.
"The vote on the death penalty is likely to be taken this week," he told his supporters.

"It is a conscience vote, I am not predicting how the vote will go. Members have expressed themselves on both sides and I am prepared to abide by the decision. We have reached a compromise with the Opposition... where if the decision is to retain hanging then we are going to remove this five-year limit that has been imposed by the Privy Council," the prime minister said.

He added that if, on the other hand, the decision is that hanging should be abolished then the five-year limit would not be necessary.

Opposition MP Robert Pickersgill, who will table the amendment, has insisted that unless there is the constitutional change to prevent other courts inquiring into the prerogative of mercy assigned to the Governor General's Privy Council, the country would still have problems carrying out the death penalty.

Jamaican attorney-at-law, Margarette Macaulay, who is a judge on the Inter-American Court of Human Rights, however, is "diametrically opposed" to the death penalty being retained.

Macaulay said that Jamaica, unlike Barbados, which is a member of the court, was not subject to any penalties for carrying out the death penalty, however, she thinks it would be a "backward step".

She is opposed to the proposed amendment from the Opposition, as well.

"That I think is so completely wrong. You cannot take away the right of an individual who has been sentenced to death, to test that decision in every single tribunal which the law allows. To take it away by one stroke like that? You can't do that!" she said.

She noted that currently the law allows the individual to go to the courts to examine whether or not the decision of the governor general is in line with the law.

She added that in addition it would remove the right to apply to the human rights committee of the United Nations, and the Inter-American Commission on Human Rights (IACHR), of which Jamaica is a member.

The Observer was told yesterday that based on an invitation from Prime Minister Golding, the IACHR will be conducting an on-site visit to Jamaica, December 1-5, to observe the human rights situation in the country. It is expected to pay special attention to citizen security, the conduct of the security forces, the administration of justice, prison conditions and the situation of women and children.

The commission is opposed to the death penalty.
This will be the IACHR's first on-site visit to any English-speaking country in the Caribbean since 1994.

Executive Class

Gardens with Gravel

Death to the Mullet!