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Observer Reporter  
November 17, 2005

It’s disappointing, says JFJ

EXECUTIVE director of Jamaicans for Justice (JFJ) Dr Carolyn Gomes says she is “exceedingly disappointed” with government response to the Inter-American Commission on Human Rights’ (IACHR) criticism of Jamaica’s handling of the Michael Gayle case.

“.I really, really feel very sad that this is the response,” Dr Gomes told the Observer.

“They have ignored the recommendations about re-opening the investigations, prosecuting and punishing those responsible for Michael’s death. They have ignored completely adopting legislative and other measures to prevent this happening again,” she added.

“It seems to me that they intend to ignore the report. They don’t even address some of the recommendations in the press conference and they are standing behind the claim that they have apologised to Miss Jenny (Cameron) already, which they have not,” Gomes said.

Her comments came on the heels of a press conference hosted by Attorney General and Minister of Justice A J Nicholson, at his ministry, Old Hope Road, Kingston, yesterday morning to address the IACHR’s report which had condemned the government’s handling of the case, for violating Gayle’s right to life, personal liberty, a fair trial and judicial protection.

Nicholson, who had promised in the Senate last week to expose who else “should be ashamed” of the IACHR’s report, stuck to a very direct government public response, instead. He told the press conference that the killing of Gayle by agents of the state in Olympic Gardens, in August 1999, was “unquestionably wrong”.

He said that the government had reached a settlement for compensation of $2.8 million for Gayle’s mother, Jenny Carmeron, and that while “no amount of money can provide consolation to Ms Cameron”, he did not wish the public to be left with the impression that compensation was not paid.

Senator Nicholson criticised the IACHR for proceeding with its review of the case, while the Jamaican authorities were still addressing it. He said that this was contrary to the IACHR’s rules which required that local remedies be exhausted prior to the Commission’s intervention.

He said that although the commission recommended a public apology, this was already done in reports in which the government expressed regret at the killing.

On the role of the Director of Public Prosecutions (DPP), Nicholson said that the government maintained that matters concerning criminal prosecution should be left to that office.

He said that the independence of the DPP must be respected and that it would be bad form, if not unconstitutional, for the government to embark upon any “second guessing” its decisions.

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