KINGSTON, Jamaica — Amnesty International on Thursday, May 22, the eve of the fourth anniversary of the security force’s incursion in Western Kingston resulting in the deaths of over 70 people, called on the Jamaican authorities “to ensure that another year does not pass without tangible progress in establishing the truth behind the fatal events and to ensure that victims and their families can finally start to obtain justice and reparation”.

On May 23, 2010, a state of emergency was declared in Kingston and St Andrew following armed resistance by supporters of strongman Christopher ‘Dudus’ Coke to government efforts to take him into custody.

“The US authorities were seeking Coke’s extradition to the USA where he faced drug-trafficking and firearms charges,” a release from Amnesty International Caribbean said. “Within two days, at least 77 people, including one member of the security forces, were killed in Tivoli Gardens, scene of much of the violence.

“Forty-four are alleged to have been the victims of extra-judicial execution by the security forces, with four possible victims of enforced disappearance and allegations of hundreds of arbitrary detentions,” the statement continued.

The Amnesty statement also said that although a Commission of Enquiry into the events was announced three months ago on February 24, it has yet to commence as one of its three-member panel is still to be nominated.

“While Amnesty International welcomes the establishment of the Commission, the organisation remains seriously concerned, however, that the lack of specificity in its mandate could prejudice the effectiveness of the enquiry and as such impede access to truth, justice and reparation for the victims, the statement said.

Amnesty International raised a number of concerns with the Commission’s terms of reference. These include:

1) The lack of specific reference to inquiring into the concrete and specific allegations of serious human rights violations carried out by the security forces;

2) There is no mention of the need for the Commission to refer matters to the relevant prosecutorial bodies should it obtain information indicating that identified individuals may have been responsible for committing, ordering, encouraging, or permitting human rights abuses;

3) That there is no requirement for the Commission to assess the operations carried out by security forces against international human rights law, including specific international standards on the use of force and firearms;

4) That the enquiry should examine the underlying reasons and contributory factors to the events which are the subject of the enquiry; and

5) The lack of specificity regarding the nature of the recommendations that the Commission should produce.

The statement said that on April 4, this year the Office of the Public Defender handed over all the files pertaining to its investigations into the state of emergency to the Independent Commission of Investigations (INDECOM). The files include the cases of the 44 people alleged to have been unlawfully killed by the security forces.

“In parallel with the work of the Commission of Enquiry, INDECOM must be given all the necessary resources for it to be able to thoroughly investigate these cases of alleged extra-judicial killings, including conducting further ballistic analysis where necessary,” Amnesty International said.

Sheldon Davis’ case is reportedly among the 44. He was allegedly killed by the security forces on May 30, 2010 in Denham Town.

The statement said Davis was arrested “at home by 30 law enforcement officers and taken into custody at the blood bank building where he was shot dead by law enforcement officers”.

The security forces reported that he was killed after attempting to grab a soldier’s gun, the statement said.

“His case is one of the very few which is currently before the courts, but there have been continuous delays,” the statement continued. “The Director of Public Prosecutions referred the case to the Coroner’s Court where it was scheduled to be heard on July 22, 2013, but the hearing did not go ahead as it was reportedly not on the Court’s schedule.

“A rescheduled date for 16 December 2013 and then 19 May 2014 were similarly postponed due to a lack of jurors,” the release continued. “A new date for the Coroner’s Court has been scheduled for the end of July. The delays to Sheldon Davis’ case are emblematic of the wider chronic problems which beset Jamaica’s justice system, particularly the continual failure to obtain sufficient number of jurors for court cases.”