The following is an edited version of a statement from the Independent Jamaican Council for Human Rights (IJCHR) on comments made by Attorney-General and Justice Minister, A.J. Nicholson, on the treatment meted out to a judge who sought accommodation in Westmoreland on Sunday night, and the decision of another judge to empanel a jury, which was not needed for the entire day.

The IJCHR regards the comments attributed to the Minister of Justice in The Gleaner of Wednesday, May 16, in respect of the conduct of two Supreme Court judges, as an interference in the independence of the judiciary.

This council reminds the honourable minister that a cardinal principle upon which all liberal democracies, such as ours, is premised is the separation of powers. The well-established constitutional principle of separation of powers and the constitutionally guaranteed independence of judges are enough to caution the minister against any interference by him, a member of the executive, just another arm of government.

Free from all influence

The independence of the judiciary is of fundamental importance to the protection of individual rights in Jamaica. Judges must be free from all influence, within and without government, when engaged in their judicial functions. The Minister of Justice and all thoseresponsible for matters relating to the judiciary and to the administration of justice must uphold the independence of the judiciary.

The IJCHR is committed to the principles for the independence of the judiciary. It is not enough merely to set out these principles; society must be made aware of them and their importance, and any violation of them exposed. Public opinion must be created in defence of the independence of the judiciary and so insure by necessary outcry that the maintenance of judicial independence is not eroded by the executive.

While the council appreciates the multifaceted difficulties facing the system of justice, chastising hard-working, underpaid judges will not avoid the problems which are presented.

We strongly urge the immediate introduction of some of the recommendations of the Jamaican Justice System Reform Task Force,including the total separation of the judiciary from the executive arm of government.