| Crime |
1 Jan. to 27 Oct. 2012 |
2011 |
2010 |
2009 |
| Shooting |
978 |
1,082 |
1,246 |
1,400 |
| Rape |
698 |
662 |
593 |
596 |
| Sexual intercourse with a person under 16 years of age |
644 |
256 |
- |
- |
| Robbery |
2,167 |
2,511 |
2,279 |
2,524 |
| Break-ins |
2,538 |
2,852 |
3,092 |
3,129 |
| Larceny |
570 |
312 |
319 |
431 |
(Jamaica 28 Oct. 2012, 1)
Sources indicate that most crimes take place in cities (JFJ 14 Dec. 2012; AI 2012; Freedom House 2012). Sources report that crime is particularly a problem in Kingston (ibid.; US 20 Mar. 2012, 1).
2. Organized Crime and Gang Violence
Sources indicate that organised crime and gang violence are concerns in the country (JFJ 14 Dec. 2012; AI 2012; US 20 Mar. 2012, 5). According to Freedom House, a lot of the violence in Jamaica "is the result of warfare between drug gangs" (2012). The OSAC report similarly indicates that "[o]rganized crime and other criminal elements are prevalent and extremely active" and that most crime is related to gangs (US 20 Mar. 2012, 5). According to police statistics, 65.7 percent of all murders committed between 1 January and 27 October 2012 were gang-related, while 53.1 percent of murders committed in 2011 were gang-related (Jamaica 28 Oct. 2012, 3). However, the Executive Director of JFJ noted that "the definition of gang violence is extremely broad," adding that it is hard to distinguish between organised crime and gang violence, as gangs may be involved in organized crime or may simply be "hoodlums" (JFJ 14 Dec. 2012).
Freedom House indicates that "Kingston’s insular 'garrison' communities remain the epicenter of most violence and serve as safe havens for gangs" (2012). According to AI, these are communities "entirely under the control of one or other of the political parties" (AI May 2011, 8). AI also notes that criminal gangs ensure people in garrison communities vote for a particular political party (ibid.). Similarly, Freedom House adds that in some urban neighbourhoods, gangs "influence voter turnout in return for political favors" (2012). AI indicates that in some communities "gang leaders 'collect taxes' from local businesses (through extortion); allocate jobs (both in the legal sector and in criminal activities); distribute food, school books and ‘scholarships’; and mete out punishment to those who transgress gang rules" (May 2011, 8). The OSAC report indicates that gangs are also involved in robbery, carjacking, extortion, fraud and counterfeiting as well as kidnappings (US 20 Mar. 2012, 3, 9).
Several sources report on instances of kidnapping in the country (US 20 Mar. 2012, 3, 9; Jamaica Observer 5 May 2012; The Jamaica Gleaner 28 Oct. 2011). The OSAC states that kidnappings are underreported, are “a growing problem” and that they take place all over the country for various motives (US 20 Mar. 2012, 9). However, according to Jamaica Observer, a daily newspaper, police have claimed to have a "100 per cent success rate in solving kidnapping cases" (5 May 2012).
3. State Response
3.1 Police
The JFJ Executive Director stated that police statistics indicate that about 30 percent of violent crime cases are "cleared up" annually (JFJ 14 Dec. 2012). Similarly, police statistics show that 28 percent of murders between 1 January and 27 October 2012 had been cleared up compared to 32 percent in 2011 (Jamaica 28 Oct. 2012, 9). However, according to the Executive Director, a crime having been "cleared up" simply indicates that a suspect has been identified, not necessarily that there has been a conviction (JFJ 14 Dec. 2012). The Executive Director stated that the conviction rate for crimes is reportedly approximately 10 percent (ibid.). However, according to the OSAC report, police make homicide-related arrests in 44 percent of cases annually and perpetrators are convicted in 5 percent of cases (US 20 Mar. 2012, 5).
The JFJ Executive Director added that police will sometimes "assign" multiple crimes to the same suspect, although the suspect may be dead or already convicted, to be able to count them in "cleared-up" statistics (JFJ 14 Dec. 2012). The Executive Director added that police may also "assign" crimes to an individual to justify why police shot the individual in question (ibid.). Corroboration could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The 2010 report by the Ministry of Justice of Jamaica indicated the following:
General public distrust of the police, incidence of police corruption and abuse of citizen rights have created an uneasy distance between the police and citizens. This hinders investigative efforts as many persons are afraid or unwilling to come forward as witnesses and a majority of serious crimes remain unsolved or underreported. (Jamaica 6 Oct. 2010, 3)
The OSAC similarly reports that the lack of arrest and convictions
leads both the public and police to doubt the effectiveness of the criminal justice system, leading to vigilantism, which only exacerbates the cycle of violence. Based on their past experiences, most civilians fear that, at best, the authorities cannot protect them from organized criminal elements and, at worst, are colluding with criminals, all of which leads citizens to avoid giving evidence or witness testimonies. (US 20 Mar. 2012, 5)leads both the public and police to doubt the effectiveness of the criminal justice system, leading to vigilantism, which only exacerbates the cycle of violence. Based on their past experiences, most civilians fear that, at best, the authorities cannot protect them from organized criminal elements and, at worst, are colluding with criminals, all of which leads citizens to avoid giving evidence or witness testimonies. (US 20 Mar. 2012, 5)
3.1.1 2010 State of Emergency
A state of emergency was declared in May 2010 after violent unrest by supporters of a gang leader following efforts by police to capture him (JFJ and IHRC 25 Mar. 2011, 3; The Guardian 25 May 2010; The Jamaica Gleaner 23 May 2010). The state of emergency lasted from 23 May 2010 until 22 July 2010, affecting Kingston, St. Andrew and St. Catherine (JFJ and IHRC 25 Mar. 2011, 3). During this state of emergency, multiple Jamaican civilians were reportedly killed by authorities (ibid.; AI 27 May 2010). Sources note that the estimated number of people killed ranges from 40 (ibid.) to over 100 (JFJ and IHRC 25 Mar. 2011, 3). According to a joint report by JFJ and the International Human Rights Clinic (IHRC) of the George Washington University Law School, over 4000 Jamaicans were placed in detention during the state of emergency, including children (ibid.).
3.1.2 Police Killings
In a 2011 report, AI indicates that
[p]olicing of inner-city communities has been largely conditioned by a view that criminalizes entire communities. This prejudiced perception has given rise in a number of instances to a tolerance of excessive use of force by the security forces. However, far from increasing protection from violent crime, such policing methods have exacerbated the public security problem. (May 2011, 8)
Sources express concern over killings committed by police (JFJ 14 Dec. 2012; US 24 May 2012, 1-2; Freedom House 2012). According to sources, there are on average about 200 police related killings every year in the country (Jamaica Observer 4 Jan. 2013; JFJ 14 Dec. 2012; AI March 2012). Media sources report that, according to the Independent Commission of Investigations (INDECOM), which conducts investigations into abuses by security forces (AI 2012), 219 people were killed by security forces in 2012 (Jamaica Observer 4 Jan. 2013; RJR News 4 Jan. 2013). The sources note that out of the 219 deaths, one involved a member of the Jamaican Defence Force while the rest involved members of the Jamaican Constabulary Force (Jamaica Observer 4 Jan. 2013; RJR News 4 Jan. 2013). There were reportdly nine less deaths involving security forces in the previous year according to INDECOM (Jamaica Observer 4 Jan. 2013; RJR News 4 Jan. 2013). However, Country Reports 2011 states that there were officially 236 killings involving police in 2011, although human rights activists felt that many killings went unreported (US 24 May 2012, 2). Nontheless, AI noted that the number of people killed by police had dropped by 32 percent between January and June 2011 in comparison to the same period the previous year (AI 2012).
According to Country Reports 2011, a reason for these killings is that police carry out "justice that they see as unavailable through the judicial system," adding that in most cases, police officers claim they acted in self-defence against armed assailants, but have often been contradicted by eyewitnesses (US 24 May 2012, 2). Nonetheless, Country Reports 2011 also notes that because criminal gangs were "well-armed" and "often better equipped than police," there was reason to suspect some of the allegations that police officers had committed murder (ibid.).
In February 2011, a Special Coroner was appointed to examine cases of deaths involving state agents (AI 2012; JFJ and IHRC 25 Mar. 2011, 20-21). AI specifies that the Special Coroner is charged with investigating police shootings leading to death (2012). However, AI added that the office of the Special Coroner lacked the resources to effectively deal with "both the backlog of cases and with the high number of new cases" (AI 2012). AI also notes that INDECOM was established in August 2010 to conduct investigations into abuses by security forces and had received resources to hire and provide training to more staff in 2011, although whether INDECOM is able to bring charges against police officers was a source of contention (AI 2012). Country Reports 2011 indicates that both INDECOM and the Bureau of Special Investigations of the Jamaica Constabulary Force investigates killings by police, but notes that "it usually takes many years to bring police officers to trial for alleged unlawful killings" (US 24 May 2012, 2). According to AI, as of March 2012, no one had been held responsible for death that occurred during the 2010 State of Emergency and an investigation by the Public Defender had yet to conclude (AI 8 Mar. 2012). Country Reports 2011 adds that in April 2011 a police officer was convicted of extrajudicial killing, but that no other police officer has been convicted of human rights violations since 2006 (US 24 May 2012, 2). Corroboration could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3.2 Judicial System
The JFJ Executive Director stated that the judicial system in Jamaica is "extremely ineffective" (JFJ 14 Dec. 2012). Country Reports 2011 indicates that it can take years for cases to come to trial (US 24 May 2012, 9). Several sources also note that there is a backlog of cases going though the courts (ibid., 10; JFJ 14 Dec. 2012; Freedom House 2012). Freedom House reports that the backlog is "growing" and that the justice system is also undermined by "a shortage of court staff at all levels" (ibid.). According to Country Reports 2011, difficulties in finding jurors was a contributing factor to the backlog, noting that there was a reluctance among some citizens to serve as jurors "for fear of retribution" (US 24 May 2012, 10). According to sources, the Justice Minister has also expressed concern over corruption in the judicial system as contributing to the ineffectiveness of the judicial system (US 24 May 2012, 9; The Jamaica Gleaner 10 Oct. 2011). In addition, Country Reports 2011 states that some cases were dismissed "because files could not be located or had been destroyed" and "[s]ome trials suffered as a result of antiquated rules of evidence as well as from lack of equipment for collecting and storing evidence" (US 24 May 2012, 9).
4. State Protection for Victims of Crime and Witnesses
The Ministry of Justice operates a Victims Support Unit (JFJ 14 Dec. 2012; Jamaica Aug. 2012). According to an article published by the Ministry of Justice, the unit provides support to crime victims through offices in parishes across the country and offers counselling services (ibid.). As of August 2012, the team was made of 35 permanent members and an unspecified number of volunteers (ibid.). According to the JFJ Executive Director, in addition to counselling, the Victim Support Unit provides support through the court process and community training and is involved in “restorative justice” (JFJ 14 Dec. 2012). The Executive Director expressed the view that the Victims' Support Unit "tries hard" and "doesn’t do a bad job," but that it is very small and lacks resources (ibid.).
According to Country Reports 2011, "[s]ome criminal trials were dismissed because witnesses failed to come forward as a result of threats, intimidation, or murder" (US 24 may 2012, 10). The Ministry of National Security operates a witness protection programme (JFJ 14 Dec. 2012; Jamaica n.d.). According to the Ministry's website,
[t]he programme/unit is a covert operation managed by the Ministry. Its main objective is to enlist legitimate witnesses of major crimes whose safety and security is at risk. The programme seeks to offer protection for these witnesses and provide support for the functioning of the wider criminal justice system. (ibid.)
According to the JFJ Executive Director the witness protection programme is "ineffective" and "not trusted" (JFJ 14 Dec. 2012). However, Country Reports 2011 indicates that according to the Jamaica Constabulary Force, no individual who followed the rules of the programme has ever been killed, but noted that many individuals who qualified for the witness protection program "either refused protection or violated the conditions of the program" (US 24 May 2012, 10).
According to the Executive Director of JFJ, it is necessary for an individual to be in the witness protection program for years due to the slow court process (JFJ 14 Dec. 2012). The Executive Director stated that safe houses and some living subsidies are provided, but that the money provided to those in the witness protection programme was too little to live on adequately (ibid.). She added that it was also necessary for people in the witness protection programme to cease contact with their family and friends, to leave their jobs and for their children to leave schools (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Amnesty International (AI). 8 March 2012. “Jamaica Must Tackle Shocking Wave of Police Kilings.” <http://www.amnesty.org/en/news/jamaica-must-tackle-shocking-wave-police-killings-2012-03-08> [Accessed 4 Jan. 2013]
_____. 2012. "Jamaica." Annual Report 2012: The State of the World's Human Rights. <http://www.amnesty.org/en/region/jamaica/report-2012> [Accessed 14 Dec. 2012]
_____. May 2011. Jamaica: A Long Road to Justice? Human Rights Violations under the State of Emergency. (AMR 38?002?2011) <http://www.amnesty.org/en/library/asset/AMR38/002/2011/en/d452da6f-50b9-4553-919c-0ce0ccedc9d8/amr380022011en.pdf> [Accessed 4 Jan. 2013]
____. 27 May 2010. "Jamaica Violence Investigation Must be Thorough." <http://www.amnesty.org/en/news-and-updates/jamaica-violence-investigation-must-be-thorough-2010-05-27> [Accessed 4 Jan. 2013]
Freedom House. 2012. "Jamaica." Freedom in the World Report 2012. <http://www.freedomhouse.org/report/freedom-world/2012/jamaica> [Accessed 14 Dec. 2012]
The Guardian [UK]. 25 May 2010. Ross Shell. "Kingston Declares State of Emergency after Gangs Attack Police". <http://www.guardian.co.uk/world/2010/may/24/gangs-barricade-kingston-jamaica> [Accessed 8 Jan. 2013]
Jamaica. 28 October 2012. Jamaica Constabulary Force. Jamaica Constabulary Force Periodic Major Crime Statistics Review: January 1, 2012 - October 27, 2012 and Comparison for 2011, 2010 and 2009. Document sent to the Research Directorate by the JFJ Excecutive Director on 14 December 2012. <http://www.jcf.gov.jm/sites/default/files/ documents/major_crime_review_october_2012.pdf> [Accessed 21 Dec. 2012]
_____. August 2012. Ministy of Justice. "Victim Support Unit (VSU) Spotlight." Vol. 1, Issue 1. <http://www.moj.gov.jm/sites/default/files/press_release/VSU%20Spotlight%20August%202012.pdf> [Accessed 14 Dec. 2012]
_____. 6 October 2010. Ministry of National Security. National Crime Prevention and Community Safety Strategy (NCPCSS). <http://mns.gov.jm/sites/default/files/ documents/files/Nat%20Crime%20Prevt%20Com%20Safety%20Strat%20October%202010_1.pdf> [Accessed 4 Jan. 2013]
_____. N.d. Ministy of National Security. "Witness Protection Programme." <http://www.mns.gov.jm/site-page/witness-protection-programme> [Accessed 14 Dec. 2012]
Jamaicans for Justice (JFJ). 14 December 2012. Telephone interview with the Executive Director.
Jamaicans for Justice (JFJ) and Intenational Human Rights Clinic of the George Washington University Law School. 25 March 2011. The State of Human Rights in Jamaica Since the State of Emergency 2010. <http://www.jamaicansforjustice.org/ docs/110406J2GF.pdf> [Accessed 8 Jan. 2013]
The Jamaica Gleaner [Kingston]. 28 October 2011. Glenroy Sinclair. "Recent Kidnappings Not A Trend, Say Police." <http://jamaica-gleaner.com/gleaner/20111028/ lead/lead6.html> [Accessed 8 Jan. 2013]
_____. 10 October 2011. Arthur Hall and Nedburn Thaffe. "Corruption Choking Courts." <http://jamaica-gleaner.com/gleaner/20111010/lead/lead5.html> [Accessed 8 Jan. 2013]
_____.23 May 2010. "A State of Emergency for Kingston and St. Andrew." <http://jamaica-gleaner.com/latest/article.php?id=19519> [Accessed 8 Jan. 2013]
Jamaica Observer [Kingston]. 4 January 2013. Balford Henry. "INDECOM says police killing rose 4% in 2012." <http://www.jamaicaobserver.com/news/INDECOM-says-police-killing-rose-4--in-2012#ixzz2HPNlsxvR> [Accessed 8 Jan. 2013]
_____. 5 May 2012. "All Kidnapped Cases Solved, Say Police." <http://www.jamaicaobserver.com/news/All-kidnapped-cases-solved--say-police_11395360> [Accessed 8 Jan. 2013]
RJR News. 4 January 2013. "More killed by the police in 2012 - INDECOM." <http://rjrnewsonline.com/local/more-killed-by-the-police-in-2012-indecom> [Accessed 8 Jan. 2013]
United Kingdom (UK). [2011]. "Jamaicans for Justice." <http://ukinjamaica.fco.gov.uk/en/about-us/working-with-jamaica/human-rights/jamaicans-for-justice/> [Accessed 17 Dec. 2012]
United Nations (UN). 2011. Office on Drugs and Crime (UNODC). Global Study on Homicide. <http://www.unodc.org/documents/data-and-analysis/statistics/Homicide/Globa_study_on_homicide_2011_web.pdf> [Accessed 18 Dec. 2012]
United States (US). 24 May 2012. "Jamaica." Country Reports on Human Rights Practices for 2011. <http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm> [Accessed 14 Dec. 2012]
_____. 20 March 2012. Overseas Security Advisory Council (OSAC). Jamaica 2012 OSAC Crime and Safety Report. Jamaica 2012. <https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=12216> [Accessed 10 Dec. 2012]
Additional Sources Consulted
Oral sources: The Independent Jamaican Council for Human Rights did not provide information within the time constraints of this Response. Attempts to contact representatives of Freedom from State Terrorism and the Farquharson Institute of Public Affairs were unsucessful.
Internet sites, including: BBC; Commonwealth Human Rights Initiative; Crime Stop Jamaica; ecoi.net; Factiva; Human Rights Watch; Inter Press Service; Jamaica – Court of Appeal, Independent Commission of Investigations, Jamaica Information Service, Supreme Court; The Jamaica Star; United Nations – Refworld.
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