Anderson

THE INDEPENDENT Jamaican Council for Human Rights (IJCHR) wants the categories of complaints against members of the security forces widened under the proposed Indepen-dent Commission for Investigations Act.

A joint select committee of Parliament has been considering the draft legislation, which is intended to establish an independent commission of Parliament, to investigate extrajudicial killings and other complaints involving police excesses.

Last week, the committee continued its deliberations on the bill titled: "The Independent Commission of Investigations Act".

In a submission last Wednesday, legal counsel for the IJCHR, Nancy Anderson, said the proposed legislation restricted the jurisdiction of the commission.

Investigations

Under the bill the commission would conduct investigations into actions of the security forces that lead to death or injury, involve sexual assault or other assault and battery. Damage to property or taking money or other property have also been listed.

Anderson told the committee that the bill was deficient, as it did not address concerns such as false imprisonment, harassment, discrimination, malice and disrespect by the police.

The IJCHR also wants the commission to make recommendations to the Director of Public Prose-cutions (DPP) for officials involved in alleged cases of abuse to be charged and prosecuted.

According to the IJCHR, the independent commission should also be given the latitude to make recommendations to the Police Services Commission, the Commissioner of Police or the head of the Jamaica Defence Force that the offending personnel be subjected to disciplinary proceedings.

It is also pushing for the commission to recommend to the attorney general that the complainant, abused by members of the security forces, be compensated.

"With such additional powers, the commission stands a better chance of being an effective deterrent against the improper conduct of individual officers and other state agents," said Anderson.

Judicial review

Another position taken by the human-rights body is that the independent commission be empowered to seek judicial review of the decisions of the DPP.

"We say this because not a lot of complainants are going to have the kind of advice to take up judicial review and judicial review have time limits," Anderson pointed out.

She stressed that, if the commission felt that the DPP's ruling was not correct, it should have the power to request judicial review proceedings.

Anderson said that, at present, no legal aid was provided in cases where a citizen brought a complaint against members of the security forces. She said many persons might have a good case but did not have access to a lawyer.

However, Opposition Senator K.D. Knight said he was not comfortable with the proposal, adding that the citizen should take the State to court and not the State take itself.

Knight, acknowledging that the provision of legal aid would be very costly, said a way should be found to provide this assistance.