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Last-resort status of Carib Court
published: Wednesday | November 26, 2008

The Editor, Sir:

In response to the column, 'Patrick Robinson and the Caribbean Court', by Rev Devon Dick, please note that Judge Patrick Robinson and Yugoslavia Tribunal are in The Hague, in The Netherlands and not Geneva, Switzerland.

The Caribbean Court, as far as I know, is lacking the legal status as a court of last resort. This being, that The Queen of England is still the head of state of Jamaica and most of the British Commonwealth. So, unless there are constitutional amendments which seek to replace the head of state, to that of a president, then the Privy Council will remain the court of last resort in criminal proceedings such as the death penalty.

Constitutional amendments

Such constitutional amendments would have to be decided by the parliaments of the Caribbean islands. Certainly, the discussion of Jamaica becoming a truly independent republic state has been approached in the last 10 years. Evidently, there is strong support against severing this final knot with the motherland.

A foreseeable problem the Caribbean Court might face, should all the islands eventually decide to become independent republic states with each its own president, would be one of leadership arising from the supremacy of each state.

The Caribbean Court, from where I am standing, will only be successful as a court of last resort under the present model of the British Commonwealth or under a model of the 'Confederation of the Republic of The Caribbean States'.

Ultimately, the Caribbean Court, under whichever model, must be funded properly in order for it to be effective at serving the 'white, black, brown, yellow, pink and even blue' people of the Caribbean region.

I am, etc.,

ELAINE CAMPBELL

emcampbell11@hotmail.com

The Netherlands


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