Recommendation
(A/HRC/16/52/Add.3)
Situation during the visit
(A/HRC/16/52/Add.3)
Information received in the reporting period
of crime‖ and reduce the crime rate by temporarily extending
the pre-charge detention period from 24 hours to 72 hours for
one year (July 2010 – June 2011). As of July 2011, this
temporary Act has been extended for an additional year. Even
with the time limits imposed by this legislation, according to
the Jamaica Constabulary Force‘s own data, the length of time
for people being held in pre-charge detention can range from
three (3) to twenty five (25) days, in violation of domestic law
and international law.36 Thus, the detention periods have
reportedly been extended without regard to the fact that
individuals are disproportionately held in breach of the law for
periods longer than that prescribed by Jamaican law. In
addition, it is alleged that there is no central register of
detainees available to human rights defenders or legal
representatives.
(h) Establish accessible and effective
complaints mechanisms in all places
of detention. Complaints by
detainees should be followed up by
independent and thorough
investigations, and complainants
must be protected from reprisals;
Government: Allegations of abuse are investigated by an
internal Inspectorate. Serious cases or those which would
question the actions of the staff are sent to the Inspectorate
Unit of the Ministry of National Security for investigation. The
Department of Correctional Services is now duty bound to
report all cases of serious injury/death of inmates involving
staff members to the INDECOM for investigation.
In the case of lock-ups, allegations of abuse are recorded and
reported to the Senior Commanding Officer, and are
investigated by the Jamaica Constabulary Force (JCF).
36
133
Refer to Table in Annex A. ―The Constabulary Force (Interim Provisions for Arrest and Detention) Act 2010. July 2010 – June 2011.
A/HRC/19/61/Add.3
Non-governmental sources: Reportedly, the Government has
not taken any action to adequately address this
recommendation. As stated in the Government‘s response to
the Human Rights Committee‘s List of Issues, complaints of
abuse in detention facilities are primarily treated from within
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