Recommendation
(A/HRC/16/52/Add.3)
(c) Re-accede to the First Optional
Protocol to the International
Covenant on Civil and Political
Rights, providing for the right to
lodge individual complaints to the
Human Rights Committee;
33
34
Information received in the reporting period
It is reported that there are on-going difficulties for
undertaking preventative visits to places of detention. When in
September 2010, the Office of the Public Defender (OPD)
attempted to visit the Hunts Bay Police Station in Kingston,
OPD personnel were barred from accessing the cells. Initial
calls to the Commissioner of Police resulted in the granting of
access on the condition that the OPD give 48 hours notice to
the station.32 However, the stipulation was later withdrawn
due to public outcry and OPD objections.33 It is alleged that
within a week of the incident at Hunts Bay, another member of
the OPD received a death threat that stipulated the inspector
would be killed if they came to inspect the Spanish Town
police lock-up.34
Government: While Jamaica is not party to the First Optional
Protocol, individuals still retain the right to petition an
international human rights body through the Inter American
Commission on Human Rights (IACHR). The rights
considered in a petition to the IACHR under the American
Convention on Human Rights are analogous to the rights
considered by the Human Rights Committee under the ICCPR.
The rights listed in the ICCPR are also assured under the
Charter of Fundamental Rights and Freedoms. Violations of
those rights can be upheld in Jamaican courts by way of
Constitutional redress.
129
Public Defender jail probe being met with resistance. (01 Sept 2010). RJR News. Available via http://rjrnewsonline.com/news/local/publicdefender-jailprobe-being-met-resistance
Ellington backtracks. (08 Sept. 2010). RJR News. Available via http://rjrnewsonline.com/news/local/ellington-backtracks
Public Defender's representative threatened. (09 Sept. 2010). RJR News. Available via http://rjrnewsonline.com/news/local/public-defendersrepresentative
threatened.
A/HRC/19/61/Add.3
32
Situation during the visit
(A/HRC/16/52/Add.3)
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