Security forces soon to lose power to investigate themselves

BY LYNFORD SIMPSON Observer writer editorial@jamaicaobserver.com

Wednesday, March 10, 2010

THE House of Representatives yesterday passed the Independent Commission of Investigations Act, which will take power from the security forces to investigate themselves.

The bill, which was passed with 33 amendments, will now be sent back to the Senate, where it originated, for the amendments to be made before it can be officially passed into law.

The passage of the bill was fairly smooth in the Lower House, despite the numerous amendments, except for an extended exchange between Opposition member Peter Phillips -- a former minister of national security -- and Prime Minister Bruce Golding about the responsibility for the preservation of evidence at crime scenes.

The bill merely mentioned that "...In the exercise of its function under Sub-section (1), the commission shall be entitled to take charge of and preserve the scene of any incident".

The preservation of crime scenes has been a major bone of contention between human rights groups and citizens on the one hand, and the security forces on the other, mostly in cases of controversial police killings, and where the crime scene is later tampered with. The situation was not helped by the fact that, up to now, it is the Police Public Complaints Authority, which the new Act will repeal and the Bureau of Special Investigations that investigate claims of excesses against members of the security forces.

Golding, who piloted the bill in the House, called for an amendment to make it explicit that the new body has the responsibility for preserving the evidence at the scene of a crime.

According to the objects and reasons of the bill, "the existing system of investigations into public complaints concerning misconduct by members of the security forces and other agents of the state has been found to be ineffective and lacking in integrity".

It noted that under the current system, the Police Public Complaints Act

applies only to members of the Jamaica Constabulary Force. Under the new Independent Commission of Investigations Act, members of the Jamaica Defence Force, and other agents of the state, will also be included.

Last Friday in the Senate, National Security Minister Dwight Nelson, responding to the damning US State Department report on Jamaica's crime-fighting initiatives, pointed to the establishment of the independent commission as part of the Government's "commitment to fighting corruption".

The bill, among other things, provides for the appointment of an independent commission of investigations, described as a commission of Parliament; the establishment of regional offices of the commission which will be headed by a commissioner and deputy commissioner; procedures for members of the public to make complaints to the commission regarding incidents of misconduct by the security forces and other agents of the state; and methods of handling complaints, including informal resolution and dispute resolution.

Both the commissioner and deputy commissioner are to be compensated at the same level as a judge of the Supreme Court.

Both will be appointed by the governor general, after consultation with the prime minister and the leader of the opposition.

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COMMENTS (5)

george watson
3/11/2010

The problem I have with this though, is that it is the police who first go to the crime scene (where a policeman is accused of shooting an individual). What then is there to prevent them from compromising or corrupting the crime scene before it is investigated by the new body? With the squaddy mentality and so many of our police being corrupt this is a real possibility is it not?
One will be left then with eyewitness crimes and we know how that is? Everybody in the community sees shootings done by the police but nobody sees it the other way around. And even then when it comes time to testify before a court we also see how that goes. Life in Jamaica is real interesting.

T G
3/10/2010

oops I meant ratified!

T G
3/10/2010

Great day for Jamaica stage one. I hope this is passed/tatified in the Senate in a timely fashion then have working Commission in a matter of a few weeks.

Cee Dubya
3/10/2010

Welcome move!
If I may quickly borrow from the article, “According to the objects and reasons of the bill, "the existing system of investigations into public complaints concerning misconduct by members of the security forces and other agents of the state has been found to be ineffective and lacking in integrity".”
May I humbly submit that the use of the word “misconduct” heavily implies a foregone conclusion? My understanding of what this new Independent Commission of Investigations Act will try to achieve is a fair system – fair for all stakeholders. Whether it’s a complainant, a police officer, or police service – all will have the benefit of a fair, transparent, effective and efficient system overseen by a Commission operating with independence and integrity.
So, would it be “perceived misconduct” then? Or perhaps, better yet, “concerning the conduct of members…”? The short of it: Misconduct would only have been determined as a result of the impartial investigation.
(Yes. I take the point that it has gone back to the Senate with amendments. Nonetheless, my $0.02 worth.)
Now, if we could only move this move into law AND implementation.

Yard Vibz
3/10/2010

This is great news. Finally the authorities have come to the realization that the current system is counterproductive. It is unwise to send a colleague to orchestrate the frame work that will subsequently be used in his squaddie’s demise.

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