Recommendation
(A/HRC/16/52/Add.3)
(f) Ensure prompt and thorough ex
officio investigations for all
allegations of ill-treatment or
excessive use of police force by an
authority that is independent from
the investigation and prosecution.
Any officer known to be abusive
should be removed from custody
duties. Heads of police stations and
detention facilities should be made
aware of their supervisory
responsibility.
Situation during the visit
(A/HRC/16/52/Add.3)
Many investigations are not prompt or
effective, and prosecutions in cases
involving the security forces are rare.
Information received in the reporting period
civil society, protect all victims of torture in the Jamaican
context, and does not provide a remedy to individuals who are
subject to abuse by state agents which relates not only to acts
that cause physical pain but also acts that cause mental
suffering to the victim.
Government: The Government is committed to the prompt
and thorough investigation of all allegations of ill-treatment or
excessive use of force by the police force. The procedure
governing the removal of officers from frontline duty is
contained in the Police Services Regulations and the
Constabulary Force Act.
Officers who are alleged to have committed acts with criminal
implications are suspended from the service (i.e. active duty).
If it is unclear whether the matter will result in disciplinary
action, the officer is assigned to desk duty so that he/she does
not interfere with the investigations. This measure remains in
effect until the circumstances determine whether disciplinary
measures need to be taken.
The Independent Commission of Investigations (INDECOM)
continues to carry out its investigations of alleged excesses and
abuse by agents of the state. It is incorrect to suggest an
―ongoing power struggle‖ between the Office of the Director
of Public Prosecutions (ODPP) and INDECOM as the matter
of concern related to the legislative provisions accorded to
INDECOM and how this may conflict with the Constitutional
Provisions related to the powers of the DPP. This matter is the
subject of recommendations in INDECOM‘s Special Report to
Parliament made in November 2011, which are to be
considered by the Parliament.
A/HRC/19/61/Add.3
131
Non-governmental sources: The Independent Commission of
Investigations (INDECOM) has initiated investigations on
cases of excessive use of force. However, as mentioned in (j),
there is an on-going power struggle between the Director of
Public Prosecutions (DPP) and INDECOM as to which agency
has the authority to charge police officers. This is reportedly
exacerbated by challenges to investigating and prosecuting
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents