A/HRC/16/52/Add.3 may only be granted by the resident magistrate (section 3(4)). In most other cases, a police officer can decide on bail. 20. There are no provisions in the legislation concerning the use of confessions obtained through torture or other coercive means. However, this is prohibited by common law. 2. Complaints and investigations of acts of torture and ill-treatment 21. There are three different bodies in Jamaica mandated to receive and investigate complaints regarding police misconduct: the Police Public Complaints Authority, the Bureau of Special Investigations and the Office of Professional Responsibility. The Bureau of Special Investigations and the Office of Professional Responsibility are institutions within the Jamaican Constabulary Force, while the Police Public Complaints Authority is a State-funded independent body. The Authority and the Bureau of Special Investigations will be replaced by the Independent Commission of Investigation, created under the Independent Commission of Investigation Act (2009). However, there is no clear time frame for when the Commission will start its work. 22. The Police Public Complaints Authority is an independent, non-police agency tasked with investigating all allegations of misconduct by the Jamaican Constabulary Force. The investigative staff is made up solely of civilian personnel. The role of the Authority is to appraise the investigations and decide whether the police acted unlawfully. When the Authority considers that a criminal offence may have been committed, it reports the case to the Director of Public Prosecutions for further action. 23. According to the Independent Commission of Investigation Act, a person may submit a complaint to the Independent Commission of Investigation regarding the conduct of a member of the security forces or any specified official which (a) resulted in the death of or injury to any person or was intended or likely to result in such death or injury; (b) involved sexual assault; (c) involved assault or battery by the member or official; (d) resulted in damage to property or the taking of money or of other property; (e) although not falling within any of the preceding paragraphs, is in the opinion of the Commission of a grave or exceptional nature (section 11(1)). Section 12(1) of the Act also requires police officers to report any such incidents within 24 hours, and forthwith if the incident resulted in the death of or injury of a person. 24. The Office of the Public Defender was established in 1999 to replace the Office of the Ombudsman. The Public Defender may investigate and give recommendations concerning any complaints of injustice as a result of any action taken by an authority or an officer of member of such authority, or where any person has suffered, is suffering or is likely to suffer an infringement of their constitutional rights as a result.4 Unlike in the case of the Police Public Complaints Authority, the Public Defender is mandated to initiate ex officio investigations. 3. Death penalty 25. Sections 2 and 3 of the Offences against the Person Act state that the death penalty may be imposed for capital murder when the victim is a public official, witness or juror. It may also be imposed for murder in the course of robbery, burglary or sexual violence. A pregnant woman who is found to be guilty of these offences may not be put to death. In addition, juveniles may not be sentenced to death.5 The death penalty has not been carried out since 1988, pursuant to the 1993 Privy Council decision of Pratt and Morgan v. Jamaica. In the decision, the Privy Council stated that “in any case in which execution is to 4 5 Public Defender Act, section 13(1)(a). Child Care and Protection Act, section 78(1). 7