Delroy ChuckHUMAN RIGHTS abuses have become critical concerns here and abroad. Our police's misconduct, shootings, killings and unreasonable use of force have contributed enormously to the deterioration of Jamaica's human rights record. In truth, in securing our prisons, our streets and communities, the security forces have failed to pay due regard and respect to citizen's fundamental human rights and freedoms. How do we stem the steady decline in the individual's rights and freedoms?
It is indeed a sad commentary on daily life that the citizens live in fear, not only from the criminals but also from the guns carried by law officers. The reverberating cry of police brutality and killings in diverse communities across the island should not be simply ignored and dismissed. These are citizens of our land who demonstrate and protest against wrongs and demand justice for their friends and loved ones. The unjustifiable shooting up of a taxi or a bus with passengers, as happened recently, when the drivers failed to stop, reveals an utter disregard for human lives. No civilised society should have to bear such trauma. How can we sufficiently condemn such behaviour and also ensure that it doesn't happen again?
The fact of the matter is that leading members of our country do not consider human rights and freedoms as important and paramount in relations between the citizen and the state. They argue that citizens should be prepared to yield constitutional rights and freedoms to allow the State and the security forces more power and authority to fight and control criminality and indiscipline.
That is a sterile argument that rests on the assumption that it is the police alone that are responsible for deterring and reducing crime. The better argument must be that, for a crime-free community, every citizen has a responsibility to assist the police and this can only happen if there is a working relationship between the police and the community.
In any event, even if the citizens of this country are asked to yield some of their rights and freedoms, should we similarly ask tourists to do likewise?
And, are we to wait until a tourist bus is shot up before we understand that respect for human rights stands supreme?
In truth, we have only paid lip service to human rights and freedoms while we disregard and stamp on them with impunity. If we really had a deep appreciation, concern and respect for human rights then we would act promptly and decisively to restrain agents of the state who rampantly abuse and misuse their powers. It is a fact that most of our security forces need to be retrained or better supervised as a culture of brute force, inhumanity and disrespect has developed that urgently needs dismantling.
One would expect that after the outcry and condemnation of police excesses, over the past two decades, that members of the force would be more cautious and careful but that has not happened; in fact, it has got worse.
The reality is that police force attaches more significance to fighting crime than to concern itself with respect for the citizen's rights and freedoms and I believe this is a mistaken attitude and precarious trend. I do not belittle the importance of fighting crime but it can never be more important than the citizen's human rights. To be sure, the police have a dangerous and burdensome task to perform.
They are on the frontline, confronting gunmen, patrolling warlike communities, measuring human conduct in treacherous situations, putting their lives on the line so the society can live in peace, and protecting citizens going about their lawful duties, why should they not have the power to get on with their work as they see fit and as the need arises?
The answer is simple; it is wrong and would be a path to anarchy. No society can afford to give its security forces unlimited power; it would be opening the doors to tyranny.
The police like everyone else must act within the law, and once we are a society still bound by the rule of law then it is imperative that those who breach the law, whether law officers or law breakers, should be prosecuted and punished.
Unfortunately, that has not happened to members of the force. Regularly, they breach the law and nothing happens. The net consequence is that they continue to breach the law until the law is more observed in its breach.
For example, stopping and searching citizens on the road, or searching people's cars and homes, without reasonable cause is unlawful, yet it is done with impunity and presently with very little resistance.
The police now believe they have a right and power to search and detain when they have no such right or power. But, our Government has done nothing to stop it.
Agana Barrett
Even after the infamous case of Agana Barrett, the indiscriminate and unlawful stopping, detaining, abusing, fingerprinting and photographing of innocent citizens continue unabated.
In Parliament, I have in my three sectoral budget presentations urged the government to put in place the necessary machinery to stop these abuses. We do not need any new laws, we simply want the existing laws to be respected and enforced. Indeed, this year, I urged that the case of Agana Barrett, o/c Doris Fuller v. The Attorney General of Jamaica, which clearly outlines the law, should be read by every police officer, and I urged Minister Knight to make a copy available to every police station.
Last Thursday, June 29, at the Police Academy, where I give an occasional lecture, I discussed the Agana Barrett's case with police officers from Jamaica and other Caribbean territories, and the officers from the other Caribbean territories were appalled that instances such as occurred in that case could arise; when if the truth be known it arises weekly, if not daily. Thus, if we want to start somewhere to stop the police excesses, then we need to retrain police officers to respect every individual, be he a wrongdoer or an innocent citizen. A police officer cannot be judge, jury and executioner; his primary duty is to apprehend wrongdoers and keep the peace.
The police and citizens must understand that constitutional rights and freedoms, human dignity and respect are fundamental cornerstones in a civilised society, and whoever the victims may be, acts of injustice and inhumanity threaten the fabric and well-being of the social order.
Delroy Chuck is an attorney-at-law and Opposition Member of Parliament. He can be contacted by e-mail at Delchuck@Hotmail.com.
