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Who has more rights ­ the State or individual?

THE EDITOR, Sir:

PRIOR TO the attack on the World Trade Centre on September 11, many people in the democratic world took for granted their rights to certain civil liberties. This included the right to a fair and speedy trial and the assumption of innocence until proven guilty.

However, the September 11 attack has brought about a number of sweeping changes in many western countries. Countries like the United States and the United Kingdom are now in the process of passing laws, which can deny individuals the right to a trial and the assumption of innocence if the individual is considered a threat to the state.

The Government in the United Kingdom has, for example, proposed laws which can give the State the right to detain suspected terrorists indefinitely. They argue that the need to protect the State is more important than the right of the individual and their proposal is expected to get a majority approval in the Houses of Parliament.

The United Kingdom is one of those countries which has been most instrumental in the chartering of the United Nations Declaration on Human Rights. The fact that they are now willing to set aside certain basic human rights suggest that drastic times require drastic measures.

Jamaica has suffered 'drastic times' for a very long time. Crime is now the chief problem plaguing the Jamaican society and so far the Government has been unable to propose any effective solution. In many cases, the police are aware of the criminal elements in our society, but even if these people are brought to trial, the State is normally unable to get a conviction. Witnesses are unwilling to come forward because of fear of retribution.

This inability to obtain credible witnesses has basically brought our justice system to a halt. As a result, our society is almost ungovernable. The Government should, therefore, seriously consider detaining indefinitely without trial those individuals who are 'known' to be the head of criminal organisations and those who are strongly suspected of committing serious crimes such as murder.

However, if the Government should ever consider such a policy, it should be handled with extreme caution. It should never be used to secure political gains and would require careful thought on how it is to be implemented. Human rights campaigners in Jamaica would no doubt argue against such a proposal but we all have a right to live in a safe and peaceful society, and that fundamental human right is being violated by a few individuals. We cannot let the rights of those individuals supersede the rights of us all.

I am, etc.,

C.R.

bkd5@yahoo.com

Clifton, Nottingham, UK

Via Go-Jamaica

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