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W Kingston residents unable to bring civil action against State?
Armed State personnel secure the Tivoli area from atop buildings with mobile support.<strong></strong>
News
May 21, 2016

W Kingston residents unable to bring civil action against State?

Rights group Jamaicans For Justice (JFJ) says it is deeply concerned that after this May 24-26 anniversary of the “terrible loss of life”, residents of Tivoli Gardens and West Kingston would be unable to bring civil action against the Crown for damages inflicted on them in 2010, because of the six-year limit imposed by the statute of limitations.

In a news release JFJ said the damage allegedly inflicted included destruction of property, unjust detention, loss of income, severe bodily and psychological injury, profound suffering, loss of life, and trauma that continued among children. “By the Office of the Public Defender (OPD’s) count, for example, the number detained without sufficient reason was over 4,000,” it said.

“The Office of the Public Defender has given considerable substance to these claims in its submissions and recommendations to the West Kingston Commission of Enquiry. It identifies by name 19 persons as having been murdered by security officers and indicates that another 27 of the 74 or 75 civilians who died suffered probably the same fate. As the OPD has emphasised, they had their right to life cruelly violated. This is in addition to many other rights violations by agents of the State.

“The public defender has accordingly proposed that the commission of enquiry recommend, in addition to a public apology by the Government, compensation for the violation of the rights of West Kingston residents, and that it waive the limit on civil action in settling claims. JFJ supports this proposition and urges an early confirmation of it.

“We do not yet know, of course, what out-turns will come. In the meantime, we look forward keenly to having the commission’s report any day now. We are firmly of the view that West Kingston residents deserve to be able to take such means as they consider appropriate for assessing all possible claims arising from the State of Emergency of May and June, 2010, West Kingston,” JFJ said.

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