A/HRC/16/52/Add.3
Andrews Juvenile Remand Centre, where the use of corporal punishment on boys was
rather frequent, as well as in detention facilities for adults.
V.
Conclusions and recommendations
A.
Conclusions
67.
The Special Rapporteur expresses his gratitude to the Government of Jamaica
for the excellent cooperation extended by the authorities during the course of the visit,
which he interprets as a sign of the Government’s willingness to open up to
independent and objective scrutiny. He also appreciates the challenges faced by the
Government in dealing with the very high level of crime, violence and insecurity in the
country.
68.
On the basis of his 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 found only isolated instances of torture in the classical sense of
deliberately inflicting severe pain or suffering as a means of extracting a confession of
information. However, he found a considerable number of cases where persons were
subjected to different degrees of beatings as a form of punishment, which could
amount to torture. In addition, the Special Rapporteur found that detainees had no
knowledge of or trust in any complaints mechanisms available to them.
69.
During the mission, the Special Rapporteur observed that the term “torture” is
not part of the Jamaican lexicon. This may be due to the fact that, despite existing
provisions prohibiting the excessive use of force and inhuman treatment, there is no
definition of torture as a crime in domestic legislation. In addition, Jamaica is not
party to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. However, the absence of a crime of torture in the law does
not mean that it does not exist in practice.
70.
The overall conditions in police stations reflected a complete disregard for the
dignity of detainees. Police lock-ups are designed for only very short time of detention,
but in practice, these cells are used as pre-trial detention facilities, holding detainees
suspected of crimes for up to four or five years in absolutely appalling conditions.
Detention for several weeks or even months in these conditions amounts to inhuman
and degrading treatment.
71.
Although the conditions in correctional facilities were better, they still varied
and were generally overcrowded, lacked water and sanitary facilities, as well as
meaningful opportunities for education, work and recreation, necessary for the
rehabilitation and re-socialization of detainees. Consistent allegations of routine
corporal punishment were also received from facilities for adults and children. The
conditions for women were generally better, and there was a strict separation between
male and female detainees. The situation for persons with mental disabilities, held
together with other detainees rather than in separate psychiatric institutions where
they could receive adequate medical attention, was a concern.
72.
With regard to children, the Special Rapporteur expressed concern over the
fact that children in need of care and protection by the State, those deemed
uncontrollable and those in conflict with the law were held together in detention
facilities without distinction. Equally disturbing was the lack of a clear definition or
criteria for the identification of an uncontrollable child, and the wide discretion
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