A/HRC/16/52/Add.3
39.
Despite differences in the conditions of the police lock-ups visited, none complied
with international standards with regard to the treatment of detainees. The worst conditions
were found at May Pen, Denham Town, Kingston Central and Montego Bay police stations,
while those in the stations at Alligator Pond and Duhaney Park for women were clearly
better.
40.
The sheer duration of policy custody makes the problem of inhuman conditions
more severe. Appalling conditions might be bearable for a maximum of 48 hours, but the
fact that detainees remain there for several months or even years amounts to inhuman
treatment. It is also inhuman for police officers to have to work under such conditions, such
as those seen in May Pen and Montego Bay police stations. 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. The Special Rapporteur interviewed one detainee who
had been held for five years and four other detainees who had been held for more than four.
41.
The solution to the problem at police lock-ups is not simply to renovate or alter
existing facilities, as is currently being done at Hunt’s Bay police station. Rather, the
concept of police custody should be modified to short-term detention not exceeding a
maximum of 48 hours. A person who is charged within 48 hours should then be either
released on bail or transferred to a remand facility, under a different authority from the
police. The Special Rapporteur was concerned that the current model of extremely long
periods of police custody in unbearable conditions was intended to cause such personal
distress as to force detainees to confess. If this is the explicit purpose of such prolonged
police detention, it may even be qualified as torture.
2.
Remand centres
42.
The conditions found at the Horizon Remand Centre were better than in the police
stations, but were still extremely harsh, despite the fact that remand detainees are supposed
to be presumed innocent until found guilty. In addition, although Horizon was only at 58
per cent of its capacity, with 609 detainees, there were several human rights concerns,
including a lack of water, sometimes for a number of days. Additionally, as in police
stations, the Special Rapporteur received many allegations of arbitrary treatment of
detainees by warders. Many of the detainees noted that the warders were able to take in
mobile phones and marihuana, which they then sold to detainees.
43.
On 8 February 2010, disturbances broke out at Horizon as a result of frustration with
the conditions of detention and treatment by the warders. The Special Rapporteur visited
the detention facility several days after the disturbances and was able to speak to both the
detainees and the authorities regarding the events. However, the testimonies of the
detainees differed greatly from the description provided by the authorities. According to the
authorities, the disturbances had started when 24 detainees who were outside their cells
managed to cut open all the locks and release the other detainees. In order to prevent a
breakout, the warders called for police back-up, and the violence that ensued was only in
self-defence. The detainees claimed that they had not had water for four days, so they
started shaking the grills and throwing stones and other debris. They were warned by the
warders to stop, and when they did not, the warders left the building and returned with
police and military officers as back-up. The authorities then proceeded to suppress the
detainees through excessive use of force by forcefully taking them out of their cells and
beating them with iron bars and pipes.
44.
As a result of the disturbances, more than 70 people were injured, including almost
60 detainees. All of the injured were taken to a doctor; 35 detainees were taken to the
hospital, and 15 were admitted. No officers were hospitalized as they only suffered minor
injuries. The medical evidence obtained indicated that the overall pattern of injuries was
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