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Observer Reporter  
January 13, 2002

Amnesty takes on gov’t after DPP’s Genius ruling

AMNESTY International, angered by last week’s ruling by the director of public prosecutions (DPP) clearing two cops of being tried on criminal charges in the shooting death of Patrick Genius last year, has called on the Jamaican government to “take immediate action to challenge impunity for those who kill, be they police or civilians”.

“Governments have a responsibility to ensure the safety of all of their citizens,” Amnesty International said in a statement. “Even in the most extreme crisis, governments do not have a completely free hand. At this time of widespread outrage and fear, the balance to be struck between security and individual freedom must not dispose with the safeguards for human rights protection,” the organisation warned.

Last week, the DPP ruled that the cops who are alleged to have killed Patrick Genius with bullets to the back of his head acted in self-defence and should not face criminal trial.

“This was despite clear and compelling circumstantial and forensic evidence to the contrary, and an inquest verdict that those involved should be held criminally responsible,” Amnesty said.

The international human rights organisation said that an internationally renowned pathologist who reviewed the forensic evidence concluded that the killing “bore the classic hallmarks of execution, with deliberate incapacitation followed by killing”.

“Anyone who is responsible for killings must be brought to justice,” Amnesty said. “The fight against crime will fail if human rights protection for all is not guaranteed.”

The organisation said that in addition to the Genius ruling, it was moved to issue the statement by the murder of 12 individuals (including two children aged seven and 13) in the first four days of 2002.

Said Amnesty: “All serious abuses of human rights must result in those responsible being brought to justice, in proceedings which, at all stages, must be in accordance with international human rights standards, and for the victims to receive full reparation.

“Anyone reasonably suspected of such crimes should be tried fairly, in accordance with international standards for fair trial, and without recourse to the death penalty or other cruel, inhuman or degrading punishment. Suspects must never be tortured or ill-treated, as such treatment is absolutely prohibited by international law, and the presumption of innocence must be respected in all cases.”

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