TAKING NOTE of recent events, there can be little doubt that there are still very serious problems in Jamaica's police force. In spite of efforts at training, community policing and modernising the force, there persist two serious problems that have not yet been successfully addressed. Failure to come to grips with them will condemn us to more of the events that have disrupted tourism in Montego Bay, and to the deaths of more innocent citizens, including children and senior citizens.
CULTURES WITHIN THE FORCE
The first is the culture within the force that allows police to believe that they can 'get away' with any illegal act, particularly the shooting of supposed criminals, and even innocent bystanders. This culture is strengthened by the attitude of many in the society that accepts and condones the deaths of 'criminals' at the hands of police, considering them justified in the face of our appalling murder rate. It is further strengthened by the unofficial, but horrifically strong, culture of silence within the force itself, which means that policemen and women do not report on each other even when they know that their fellow officers have broken the law, or even participated in murder.
The second serious problem is the inability or unwillingness of the police hierarchy and the entire justice system to treat police shootings and wrong-doings in the same way that they would be treated had an ordinary citizen committed a similar act. In fact the very opposite is the case, as is illustrated by the prolonged detention (sometimes for weeks) of young men suspected of a crime, or who are under investigation for involvement in an illegal activity. Contrast that with the kid glove treatment meted out to policemen and women who are to be charged with wrongdoing. Police wrongdoings should be dealt with promptly, and in accordance with natural justice and the laws of the country. They are not special cases, and they are not above the law.
LACK OF ACCOUNTABILITY
Both these problems speak to a lack of accountability in the force, and until a policeman knows that illegal acts by him or any of his colleagues can no longer go unpunished, that he will feel the full weight of the law, and he will attract the same treatment as is meted out to ordinary citizens, then we will continue to have repeats of Braeton, Kraal and Flanker.
We say all this to say that failure to treat police shootings as crimes requiring thorough investigation, the failure to preserve crime scenes so that evidence is not lost or distorted, and failure of the justice system to treat those police implicated in 'bad' shootings just like any one else, simply sends the message that there is one law for the police and another law for the citizens. We do not believe that every policeman or woman is corrupt, or would shoot at any-one unjustifiably. We know that policing can be very dangerous and that police have the right to defend themselves, especially in a shoot-out. There are responsible policemen and women. However, all citizens are, or should be, equal before the law and corrupt police deserve neither the protection of their fellow officers, nor privileged treatment within the justice system.
This 'culture' within the police force and the lack of effective accountability systems in the force feed on each other. It is hard to see how one can be curtailed without the other being changed as well. The problem is further compounded by the failures of the accountability systems within the broader justice systems to hold police accountable. From time to time, coroners' inquests are held and a coroner's jury rules that a policeman or men should be charged. The next step in the justice system is then annulled when the Director of Public Prosecutions fails to press charges, and sends the case to trial. This makes a mockery of the coroner's court and the coroner's jury. Further it completely destroys the integrity of the system. For the public to have confidence in a justice system, it is necessary for them to see that justice is done.
THE 'TEST CASE'
The recent incident in Kraal, Clarendon, when two men and two women were shot and killed by the police, (allegedly while the women were hiding under a bed) and during which a child was taken outside and put under a mango tree, has been thoroughly investigated with a fairly large dose of 'outside help'. Let us wait and see what the outcome of this case will be. It could almost be regarded as a 'test case' for the police accountability systems and has wider implications for the justice system and the political will of the government.
Who will be held responsible for the deaths at Kraal? Who is to be held responsible for the shooting deaths to two men in their 60s at Flanker? Will anyone be held accountable for the death of the other taxi man that same day? Will the code of silence and the culture of impunity prevail? Or will we as a society begin to see, that if we want justice and good policing, we must insist on accountability and equality before the law? Is it too late for our police force to change? Is it too late for us as a society to change? Or has the rot set in too deeply? Must we look forward to more Braetons, more Kraals, more Flanker?
You may e-mail:
ja.for.justice@mail.infochan.com or visit our website: www.jamaicansforjustice.org
