A/HRC/16/52/Add.3
B.
Acts of torture and ill-treatment in places of detention
36.
On the basis of discussions with public officials, judges, lawyers and representatives
of civil society, interviews with victims of violence and with persons deprived of their
liberty (often supported by forensic medical evidence), the Special Rapporteur did not find
that torture, in the classical sense of deliberately inflicting severe pain or suffering as a
means of extracting a confession of information, was a major problem in Jamaica. This is
due in part to the safeguard in the legislation providing for a lawyer or a justice of the peace
to be present during all interrogations. He did, however, find many cases, corroborated by
medical evidence, of people being subjected to different degrees of beatings for the purpose
of punishment, which can also amount to torture. This was the case, for example, in the
events which took place at Horizon Remand Centre on 8 February 2010 (see paragraphs 4245 below).
C.
Conditions of detention
37.
The Special Rapporteur was particularly concerned at the conditions of detention in
police stations, reflecting a complete disrespect for the human dignity of detainees and
prisoners, made worse by a general atmosphere of violence and aggression from both the
police and detainees. In correctional facilities, the conditions differed significantly between
facilities, although they were generally better than in police stations. It was also evident
during the interviews that detainees had no knowledge of or trust in any complaints
mechanisms available to them. Additionally, the Special Rapporteur found a poor
completion of complaint entries in the police registers.
1.
Police stations
38.
The conditions in police stations can generally be regarded as inhuman and the
treatment arbitrary. The Special Rapporteur found detainees held in cells that were
overcrowded, filthy and infested with rats, cockroaches and lice. In addition, many of the
cells were in complete darkness, and had poor ventilation and an unbearable stench.
Detainees were forced to stay in their cells for most of the day, with very limited time
allowed out of their cells. As a result, they were dependent on police officers to allow them
to use the toilet in the corridors. When the officers refused, they were forced to urinate and
defecate in plastic bags, bottles and plates, in front of their cellmates. The majority of
police stations did not have mattresses; detainees were therefore forced to sleep on concrete
beds and, when the cells were overcrowded, on the floor. Visits were infrequent and only
for a few minutes. In many instances, detainees could not see their families. When they
were allowed, they had to speak through grills. Access to medical care also depended on the
goodwill of the authorities.
ineffective, but is intended to provide prosecutors with enough evidence to proceed against persons
who may have committed an offence. In addition, under section 94 of the Constitution, the
Department is empowered to undertake criminal proceedings against any person where it considers it
desirable. A decision not to prosecute by the Department does not amount to refusal or reluctance on
frivolous grounds, but rather that it may be unable to prosecute the matter if there is not enough
evidence to charge anyone. Persons alleging an incorrect decision by the Department not to prosecute
have the right to seek judicial review in the Courts.
The Government also provided statistics from the Bureau of Special Investigations on fatal shooting
incidents. For the period 2005 – 2009, there were 1,004 fatal incidents and 1,188 fatalities.
Furthermore, 111 police officers were charged during the same period for offences ranging from
shooting with intent to murder. Of these, 448 cases were forwarded to the Coroner’s Court. The
Department made 17 rulings for murder, and 34 police officers were charged.
10
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