THE DEBATE about the crucial balance between state security and civil liberties is an ancient and on-going one. As recently as the funeral of the Most Hon. Hugh Shearer on Sunday, Mr. William Clarke, Managing Director of Scotiabank, recalled in his tribute, that the former Prime Minister had instructed the police not to read the Beatitudes to criminals before dealing with them. Mr. Clarke suggested that had this advice been followed, Jamaica might not now be reaping the whirlwind of crime and violence which is threatening the very existence of the social order. This sentiment will not be shared by all.
That debate has had greater resonance this week with lawyers complaining that military personnel guarding their clients being held at the Horizon Remand Centre pending extradition to the United States were insisting that the attorneys be body-searched before entering the high security area. To date, in the face of strong objections from the legal fraternity, the Government has refused to back down, citing high risk considerations.
On balance we think that security must take precedence over protocol or alternative systems be put in place which neither violate the personal dignity of attorneys nor compromise security concerns. Lawyers are not exempt from temptation as witnessed by the number of their ranks who have been disbarred for unprofessional conduct in recent years.
The Ministry of National Security has acknowledged that access control requirements to correctional facilities have been waived in the recent past, mainly in respect of attorneys visiting their clients and on the basis of trust and presumed integrity.
According to the Ministry, the Department of Correctional Services has had to re-examine its procedures after this trust was violated by a lawyer who attempted to smuggle contraband to a prisoner and against the background of a general tightening of security procedures.
If the Ministry's account is accurate then we believe the lawyers doth protest too much. In these circumstances, security is of paramount importance. Although mindful that the rights of individuals can easily be compromised when efforts are made to protect the well-being of the wider society, we believe lawyers being searched is a minor inconvenience. The practice is accepted in other jurisdictions where counsel are routinely searched before entering high security areas. Such searches in no way trespasses on a person's right to be represented by an attorney.
Existing laws on the books in Jamaica allow for mandatory searches and attorneys must comply with the rules with good grace.
At the same time, the public should be advised whether criminal proceedings have been effected against the lawyer who allegedly attempted to smuggle contraband into the detention centre. Action must be taken. The alleged accused must face the law.
THE OPINIONS ON THIS PAGE, EXCEPT FOR THE ABOVE, DO NOT NECESSARILY REFLECT THE VIEWS OF THE GLEANER.
