(a) Issue a public condemnation of
torture and ill-treatment, including
excessive use of police force;
(b) Ratify the Convention against
Torture and Other Cruel, Inhuman or
Degrading Treatment or punishment
and the Optional Protocol thereto;
providing for regular preventive
visits to all places of detention by an
independent domestic monitoring
body; a declaration should be made
with respect to article 22 of the
Convention;
Situation during the visit
(A/HRC/16/52/Add.3)
Information received in the reporting period
Government: The Government does not condone or subscribe
to the torture, ill-treatment or abuse of its citizens. Statements
and public declarations to this effect have been made at various
intervals by Government officials.
Government: Jamaica is reviewing the Convention against
Torture with a view to taking a decision on ratification. The
Jamaican Constitution, however, expressly prohibits torture,
inhuman or degrading punishment or other such treatment.
There is, therefore, specific constitutional redress against
torture. In addition, there are provisions in the Offences against
the Person Act, which criminalize offences such as assault
occasioning bodily harm, wounding with intent and unlawful
wounding, which comprise elements of the act of torture as
defined by the Convention.
There is opportunity for visits to be undertaken to places of
detention. It is critical, however, that advance notice is given
since the police have an obligation to ensure safety and
security of visitors, members of the force, prisoners and
members of the public as well as an obligation to safeguard
judicial processes such identification parades. Representatives
of the Office of the Public Defender, for example, can visit
police lock-ups and there is a procedure in place, in keeping
with the aforementioned obligations
Access cannot be facilitated if the procedure is not upheld, as
has occurred in the past.
Non-governmental sources: The Government has indicated
that it is reviewing the CAT to decide whether or not to ratify
it.31
31
Human Rights Council. (11 March 2011). Report of the Working Group on the Universal Periodic Review: Jamaica (Addendum).
A/HRC/16/14/Add.1. (p.2paragraph (b)).
A/HRC/19/61/Add.3
128
Recommendation
(A/HRC/16/52/Add.3)
Impunity
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