'State guilty' - Int'l commission says security forces violated Michael Gayle's human rights
published: Friday | November 11, 2005

Omar Anderson, Gleaner Writer

Dr. Carolyn Gomes (right), executive director of Jamaicans For Justice, and Edward Hamm, brother of Michael Gayle, address yesterday's press conference at Stella Maris Church in St. Andrew. - RUDOLPH BROWN/CHIEF PHOTOGRAPHER

THE INTER-AMERICAN Commission on Human Rights (IACHR) has severely criticised the local justice system for not bringing criminal proceedings against members of the security forces involved in the 1999 beating death of Michael Gayle.

In a recently-released report, the Office of the Director of Public Prosecutions (DPP) came in for specific bashing, as the IACHR stated that laws protecting that office were subject to international laws.

The IACHR said it found the Jamaican government's defence wanting and insisted that Jamaica had violated Article 4 of the IACHR convention, which gave Mr. Gayle the right to life, and Articles 8 and 25 which gave him right to a fair trial.

Yesterday, attorney-at-law Richard Small, who represented Mr. Gayle's family, said the state had been "found guilty" despite all its written explanations sent to the IACHR.

"They've (IACHR) rejected every explanation the Jamaican Government have given for its misconduct and has said every complaint that Ms. Jenny Cameron (Gayle's mother) brought against the Jamaican Government and state has been found in her favour," Small said during a press briefing held by human rights lobby group Jamaicans For Justice at its St. Andrew office.

Mr. Gayle was beaten to death in 1999 after trying to pass a barricade the security forces mounted during an operation in Olympic Gardens, Kingston 11.

DPP Kent Pantry had ruled that there was insufficient evidence, based on the investigations, to initiate criminal proceedings against anyone who might have been involved.

The IACHR report criticised Mr. Pantry's ruling following a petition filed by Mr. Gayle's family.

"The State cannot justify its failure to pursue criminal charges on the basis that its investigation was unsuccessful in identifying the individuals directly responsible for assaulting Mr. Gayle," the report said.

It added: "The brutal manner in which Jamaican security forces treated Michael Gayle is not only inexcusable, but suggests a collective mindset among members of the security forces that they should not and will not be held accountable for their actions."

DPP'S EXCLUSIVE AUTHORITY

In its written defence, the Jamaican Government said the DPP had the exclusive authority to initiate, continue and terminate any criminal proceedings, and that the state could not interfere with his decision.

But the IACHR disagreed, arguing that "the international obligation assumed by a state cannot be superseded by or made subject to the domestic laws of that state." According to the report, "domestic legislation and procedures, including decisions taken by bodies like the DPP, must accord with the State's international human rights obligations."

The IACHR also recommended that Mr. Gayle's mother, Jenny Cameron, be compensated for "moral damages". The Government had already made a $1.9 million settlement with Mr. Gayle's family - a sum JFJ chairperson Susan Goffe yesterday termed "monkey money".