Réponses aux demandes d'information

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Lodging Complaints with the Police

According to the Gleaner, a Kingston-based daily newspaper, the Inspectorate of the Jamaica Constabulary Force (JCF) conducts investigations into allegations regarding the conduct of officers "while on operational duties" (5 Nov. 2013). In a telephone interview with the Research Directorate, a representative of the office of the Inspectorate of Constabulary of the JCF said that to file a complaint with the police against an officer the complainant may report the incident to any police station in Jamaica, or directly to the Inspectorate of Constabulary office in Kingston (Jamaica 29 Jan. 2015). Complainants are given a receipt upon finalization of the report, which includes the date and the location where the report was made (ibid.). The representative of the office of the Inspectorate of Constabulary stated that, if the station where the report was made does not believe they will be able to resolve the matter, the complaint is referred to the Inspectorate of Constabulary (ibid.).

2. Procedures for Obtaining Police Reports

According to the Ministry of National Security in Jamaica, the Access to Information Act, 2002, in force since 2004, provides the public with "access to documents that are non-exempt within the custody of a public authority" (ibid. 16 July 2012). Section 5, subsection (7) of the Act says that it "applies to official documents in a registry or other office of a court, being documents that relate only to matters of an administrative nature" (ibid. 2002).

The representative of the Inspectorate of Constabulary stated that, if a complainant wishes to obtain a copy of a report made at a police station, the person must go to the police station where the report was produced (ibid. 29 Jan. 2015). Processing a request takes approximately three days, depending on the nature of the report (ibid.).

The representative of the Inspectorate of Constabulary indicated that, if an individual abroad wished to obtain a copy of a report made to the Inspectorate, they must contact the Inspectorate General via e-mail, letter, or by telephone, and include information regarding the nature of the incident in the correspondence (ibid.). According to the representative, such a request takes approximately seven days to process, and a requestor should anticipate a response by the same medium (e-mail, letter, or telephone) (ibid.).

Further or corroborating information about the procedures for obtaining police reports could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Other Options for Registering Complaints Against Police Officers

The Independent Commission of Investigations Act (INDECOM Act), enacted on 15 April 2010, established the Independent Commission of Investigations (INDECOM) (Jamaica 14 Jan. 2014). Its mandate is to undertake "investigations concerning actions by members of the Security Forces and other agents of the State that result in death or injury to persons or the abuse of the rights of persons; and for connected matters" (ibid. 2010, preamble). According to the INDECOM website, the INDECOM Act repealed the Police Public Complaints Act on 15 April 2010 (ibid. n.d.). INDECOM took over duties formerly under the jurisdiction of the Police Public Complaints Authority (PPCA) on 16 August 2010 (ibid.). According to INDECOM's report on its first year of operations, "[the] PPCA reportedly suffered from the false perception that it was a part of the police force," and possessed "inadequate" powers and resources (ibid. [2011], para. 2.2). According to a 14 August 2010 article published by the Gleaner, staff members of the PPCA were to be transferred to INDECOM, with the terms and conditions of their contracts remaining the same.

According to a January 2014 report by INDECOM, the commission has three branches, located in St. James, Mandeville, and Kingston, and had 1900 ongoing investigations as of 14 January 2014 (Jamaica 14 Jan. 2014). The report indicates that allegations were divided into 23 categories, which included fatalities under any circumstances, abuse of office, unprofessional conduct, assault, corruption, rape, misappropriation of property, and threat (ibid.). In INDECOM's March 2013 report Safeguarding the Right to Life: Issues from Investigations of Jamaica's Security Forces in 2012, allegations made between 2009 and 2012 fell into the following categories: fatal shootings, assault, unlawful arrest, abduction, detention and unduly long detention, harassment, threat, conduct unbecoming, seizure of car documents, non-action, unprofessional conduct, unlawful arrest, neglect of duty, destruction of property, and fraud (ibid. 29 Mar. 2013, Commission's Report Logsheet). Of the investigations ongoing on 14 January 2013, 60 percent were categorized as fatal shootings, assault, and shooting injuries (ibid. 14 Jan. 2014).

4. INDECOM Jurisdiction and Procedures

According to Section 10 of the INDECOM Act:

1. [a] complaint may be made to the Commission by a person who alleges that the conduct of a member of the Security Forces or any specified official -
1. resulted in the death of, or injury to, any person or was intended or likely to result in such death or injury;
2. involved sexual assault;
3. involved assault (including threats of harm, reprisal or other intimidatory acts) or battery by the member or official;
4. resulted in damage to property or the taking of money or of other property;
5. although not falling within paragraphs (a) to (d), is, in the opinion of the Commission an abuse of the rights of a citizen.
2. A complaint may be made in the prescribed manner at the office of the Commission or at a regional office.
3. on receipt of a complaint under subsection (1), the Director of Complaints shall -
1. record it in the prescribed form and furnish to the complainant a copy of that record signed by the person receiving the complaint;
2. cause an investigation into the complaint to be made forthwith; and
3. If in the opinion of the Commission the conduct complained of constitutes an offence, forward a copy of the complaint to the Director of Public Prosecutions forthwith.
4. Subject to section 40(1)(b) and subsection (5), a complaint may not be acted upon by the commission unless it is made not later than twelve months from the day on which the complainant had notice of the conduct alleged (hereinafter called the limitation period).
5. The Commission may act upon a complaint made outside of the limitation period if, in its discretion, it considers that the circumstances make it just to do so. (Jamaica 2010, Sec.10)

The INDECOM Act further states that the Commission is required to prepare a report, including recommendations for action, on an investigation of a complaint and must provide a copy of the report to the complainant, the concerned officer or official, and other law enforcement and governmental authorities (ibid., Sec.17(9-10)). For further information regarding the INDECOM Act, see attachment.

According to a 7 December 2014 article published by the Associated Press (AP), the courts ruled in 2013 that INDECOM has the jurisdiction to arrest and charge officers (AP 7 Dec. 2014). The article notes that this was formerly the responsibility of an internal police bureau and public prosecutors (ibid.).

To report an incident or a complaint against a member of the Security Forces, Correctional Officer, or Public Officer, the INDECOM website provides a tip line, telephone number, e-mail, and address where individuals may go to report in person (Jamaica n.d.).

5. Effectiveness of Police Complaints Mechanisms

In report on its activities in 2012, published in March 2013, INDECOM commented that its investigations into police shootings were hindered by its reliance on the JCF for "important parts" of its investigations, and found the JCF to be slow, uncooperative and "encouraging collusion" within the ranks (ibid. 29 Mar. 2013, iii, 7). INDECOM's report criticized JCF policies allowing officers involved in homicide to return to duty a few days after an incident, before completion of the investigations (ibid., 7). Country Reports 2013 states that

[t]he government took steps to investigate and punish members of the security forces who committed abuses, but in many instances a lack of witnesses and insufficient forensics equipment precluded arrests or prosecutions, thus providing the appearance of impunity for police who committed crimes. (US 27 Feb. 2014, 1)

Further, in an article in the 19 May 2013 edition of the Gleaner, INDECOM's director of complaints made the following observations:

• There are still police officers who fail to provide a statement within the prescribed 10 hours following incidents.
• "[T]he police force does not require its members, on an operation, to be separated before they give their first statement to investigators," allowing them time to "collude," which the Gleaner describes as an "often-repeated concern" for INDECOM.
• Officers are not required to remain on the scene after an incident takes place, which is "still a hindrance" to the investigation, as INDECOM investigators want to obtain statements promptly.

The Gleaner indicated that these concerns of collusion had been reported to Parliament, and at the time of writing in May 2013, Parliament had not yet addressed the concerns (19 May 2013). Further information on collusion or Parliament's response to this matter could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the 19 May 2013 article in the Gleaner, INDECOM's director of complaints also noted that there had been improvements (Gleaner 19 May 2013):

• The organization's "public sensitisation programme," under which INDECOM officials meet with a variety of police departments and groups nationwide to educate them on the law and their responsibilities when an incident occurs, has been very successful (ibid.).
• "[I]n some instances, we [INDECOM] are being invited to come (to the scene of crime) long before we make contact" (ibid.)
• Police officers have become more compliant, resulting in INDECOM investigations moving faster and toward "the commissioner's target of completing them within 60 days" (ibid.).

According to a 14 January 2014 report published by INDECOM, there were 210 "security force related fatalities" in 2011, and 219 in 2012 (Jamaica 14 Jan. 2014). The report indicates also that 258 civilians "lost their lives in security force involved incidents" in Jamaica in 2013, a 17.8 percent increase from the previous year (ibid.).

Amnesty International (AI) reports that "out of more than 2,220 fatal shootings by police recorded between 2000 and 2010, only two officers have been convicted" (24 July 2014). According to AP, there were over 2,000 fatal shootings by police between 2004 and 2014, but few went to court and "only a handful" resulted in convictions (7 Dec. 2014).

In an 11 November 2014 report, INDECOM recorded 103 security-force related fatalities for the first 10 months of 2014, a decline of 53.18 percent from the same period in 2013 (Jamaica 11 Nov. 2014; Gleaner 14 Nov. 2014). In December 2014, AP reported that, subsequent to the filing of charges against 11 police officers in Clarendon, there was a "big drop in fatalities by police officers throughout Jamaica" (AP 7 Dec. 2014). In the article, AP quotes the Caribbean campaigner for AI as saying "'a clear message is being sent that all police killings are being rigorously investigated'" (ibid.).

In correspondence with the Research Directorate, a lawyer for Jamaicans for Justice (JFJ), a "non-profit, non-partisan, non-violent citizens' rights action organisation that advocates for good governance and improvements in state accountability and transparency" (JFJ n.d.), said that police complaints mechanisms in Jamaica include INDECOM, the JCF, the Public Defender, the Commissioner of Police Offices and the Inspectorate of Police (ibid. 9 Feb. 2015). He expressed the opinion that these complaints processes are "very ineffective" and that "complainants are often disappointed with the process and abandon their complaints"(ibid.). He said that circumstances have "somewhat" improved since INDECOM's inception, but noted that the agency faces resource constraints, causing it to focus primarily on police fatal shooting cases (ibid.). He said that fatal shooting cases take "years" to investigate and "even longer" to obtain a court ruling (ibid.). He explained that many other cases of police misconduct falling under the organization's jurisdiction go "unnoticed" (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). 24 July 2014. "Jamaica Must Act with Full Transparency on Allegations of Human Rights Violations." (AMR 38/003/2014) <http://www.amnesty.org/en/library/asset/AMR38/003/2014/en/8319c06e-f581-4a9c-9879-ae18bed9557f/amr380032014en.html> [Accessed 20 Jan. 2015]

Associated Press (AP). 7 December 2014. David McFadden. "Jamaica Sees Success in Curbing Killings by Police." (Factiva)

Gleaner. 14 November 2014. Alessandro Boyd. "Police-Related Fatalities Cut by Half, INDECOM Reports." <http://jamaica-gleaner.com/gleaner/20141114/lead/lead4.html> [Accessed 19 Jan. 2015]

_____. 5 November 2013. "Police Inspectorate Probes Cops Misconduct." <http://jamaica-gleaner.com/latest/article.php?id=49086> [Accessed 29 Jan. 2015]

_____. 19 May 2013. Arthur Hall. "Better Days for INDECOM, Police Relations." <http://jamaica-gleaner.com/gleaner/20130519/news/news3.html> [Accessed 27 Jan. 2015]

_____. 14 August 2010. "Independent Commission of Investigations to Begin Operation on Monday." <http://jamaica-gleaner.com/latest/article.php?id=21730> [Accessed 03 Feb. 2015]

Jamaica. 29 January 2015. Jamaica Constabulary Force (JCF), Inspectorate of Constabulary. Telephone interview with the Secretary of the Inspectorate General.

_____. 11 November 2014. Independent Commission of Investigations (INDECOM). "Steady Decline in Security Force Related Fatalities." <indecom.gov.jm/STEADY%20DECLINE%20IN%20SECURITY%20FORCE%20RELATED%20FATALITIES.pdf> [Accessed 21 Jan. 2015]

_____.14 January 2014. Independent Commission of Investigations (INDECOM). "INDECOM's Statistics on Security Force Related Fatalities - 2013." <indecom.gov.jm/2013%20Statistics%20Press%20Release.pdf> [Accessed 21 Jan. 2015]

_____. 29 March 2013. Independent Commission of Investigations (INDECOM). Safeguarding the Right to Life: Issues from Investigations of Jamaica's Security Forces in 2012. <http://www.indecom.gov.jm/Release/Safeguarding%20the%20Right%20to%20Life.pdf> [Accessed 29 Jan. 2015]

_____. 16 July 2012. Ministry of National Security. "Access to Information." <https://www.mns.gov.jm/resource/access-information> [Accessed 21 Jan. 2015]

_____. [2011]. Independent Commission of Investigations (INDECOM). Confronting the Challenges: A Report on INDECOM's First Year, Current Investigations, and a Special Investigation into the Identification of JCF and JDF Personnel During Operations. <http://indecom.gov.jm/Release/ConfrontingTheChallenges.pdf> [Accessed 03 Feb. 2015]

_____. 2010. The Independent Commission of Investigations Act, 2010. <http://www.japarliament.gov.jm/attachments/341_The%20Independent%20Commission%20of%20Investigation%20Act,%202010,.pdf> [Accessed 21 Jan. 2015]

_____. 2002. The Access to Information Act, 2002. <http://www.oas.org/es/sla/ddi/docs/J2%20The%20Access%20to%20Information%20Act.pdf> [Accessed 21 Jan. 2015]

_____. N.d. Independent Commission of Investigations (INDECOM). "INDECOM and You." <http://www.indecom.gov.jm/> [Accessed 20 Jan. 2015]

Jamaicans for Justice (JFJ). 9 February 2015. Correspondence from a lawyer to the Research Directorate.

_____. N.d. "Overview." <http://jamaicansforjustice.org/whoweare/overview/> [Accessed 09 Feb. 2015]

United States (US). 27 February 2014. Department of State. "Jamaica." Country Report on Human Rights Practices for 2013. <http://www.state.gov/documents/organization/220666.pdf> [Accesed 30 Jan. 2015]

Additional Sources Consulted

Oral sources: A representative for INDECOM was unable to provide information within the time constraints of this Response.

Internet sites, including: Caribbean Daily News; ecoi.net; Freedom House; Human Rights Initiative; Human Rights Watch; Jamaica – Jamaica Constabulary Force; Jamaica Observer; United Nations – High Commission for Refugees, RefWorld, United Nations Development Programme; Organization of American States – Inter-American Commission on Human Rights.

Attachment

Jamaica. 2010. The Independent Commission of Investigations Act, 2010. <http://www.japarliament.gov.jm/attachments/341_The%20Independent%20Commission%20of%20Investigation%20Act,%202010,.pdf>