Situation during the visit
(A/HRC/16/52/Add.3)
(i) Ensure that justices of the peace
and resident magistrates conduct
regular visits to all police lock-ups;
Police lock-ups in Jamaica are used as de
facto remand centres, where persons
awaiting trial can be held for several months
or years, despite current practices worldwide
of holding detainees at police lock-ups for
up to 48 or maximum 72 hours.
Information received in the reporting period
the corrections system.37 However, it is reported that the
Government occasionally allows human rights NGOs to visit
prisons and prisoners are able to make complaints to the Office
of the Public Defender without censorship.38 However, there is
reportedly no system designed to safeguards inmates suffering
from mental illness and their ability to make independent
complaints.
Government: As part of the Government‘s move to place
emphasis on restorative justice and conflict prevention, the
Minister of Justice has urged Justices of the Peace to be the
checks and balances of State abuse and judicial excess. To this
end, Justices of the Peace are sensitized by the Ministry of
Justice about their duties regarding persons in Police Lock-ups.
Resident Magistrates have also been sensitized and have
renewed their commitment to making more frequent visits to
Police Lack-ups.
The JCF maintains a central database of all juveniles in police
custody at the national level. In respect of adult inmates, a
central register is kept in each police Division and these are
available for inspection.
Non-governmental sources: Reportedly, justices of the peace
are frequently used for and known to ‗rubber stamp‘ the
continued detention of individuals based upon the police
version of events without adequately reviewing the legality of
the detention. It is reported that the Minister of Justice has
recently publicly taken up the issue related to the practice of
signing arrest warrants without having reasonable grounds for
detention. This issue is compounded by advocates and human
rights defenders not having access to a central database stating
the names of those detained and the length of the detention.
37
38
See: CCPR Human Rights Committee. (11 July 2011). Replies from the Government of Jamaica to the list of issues to be taken up in connection
with the consideration of the third periodic report of Jamaica. CCPR/C/JAM/Q/3/Add.1. (p. 21, paragraphs 125-126).
United Kingdom Border Agency (UKBA). (May 2011). Jamaica Country Report.
A/HRC/19/61/Add.3
134
Recommendation
(A/HRC/16/52/Add.3)
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