THE EDITOR, Sir:ON SATURDAY April 19, 2003 it was announced on radio that a curfew had been imposed in sections of Central Kingston from 10:00 a.m. that day.
Subsequent reports in the press confirmed this and also stated that the curfew had been extended. A story in The Gleaner of April 21 quoted Deputy Superintendent of Police Victor Hinds as saying that the curfew would be extended "for some time until the police hierarchy decides otherwise." Radio Jamaica in its news reports on Wednesday April 23 and Thursday April 24 told of further extensions of the curfews. On Saturday April 26 the same station disclosed that the police had stated that the curfew had been extended "indefinitely" and would continue "until further notice".
While I agree that the police should be given every legal facility in assisting them to contain criminal activity I am moved to enquire whether either the letter or the spirit of the Law relating to curfews is being observed.
As far as I am aware the law is that the Commissioner of Police may, with the written approval of the Minister, impose a curfew in a specified locality for a period not exceeding 48 hours. Are extensions of the period of a curfew, as are reported to have occurred in Central Kingston, contemplated or permitted by the law? If a curfew can be so extended for six or seven days then by parity of principle it can be extended for a month, a year and even indefinitely. Indeed, it may be extended to the whole island.
It might well be that police personnel on the ground in Central Kingston have carried out their duties with professionalism and impeccable civility but the existence of a curfew is a fetter on the freedom of the residents the vast majority of whom might not be involved in any criminal activity.
It is of utmost importance that in invoking any law which curtails the rights of citizens a delicate and judicious balance should be struck between the liberty of the subject and the power of the state to restrict his rights. Any right which is not clearly and unambiguously restricted should be construed in favour of the subject.
Is the law with regards to curfews being abused? The country deserves an answer.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
