Alice Hogarth | Shocking state of affairs of incarcerated mentally ill in Ja – Pt 1

Jamaica’s justice system seems to be ‘kneeling on the neck’ of mentally ill inmates, violating their constitutional rights as they languish in pris ons. Even more shocking is that successive governments seem to have shown no empathy, so nothing has been done.

The Independent Commission of Investigations (INDECOM) produced a report, the contents of which revealed the woeful inadequacies of the penal system, which shows a disregard for human life and negligence on the part of public servants. We hope that efforts will be made to urgently reform this unjust system.

Kudos to Terrence Williams, the head of INDECOM, for a thorough investigation into how the mentally ill are treated in correctional centres when they are remanded in custody. It is disturbing how such inhumane, backward practices could happen in a civilised society.

Mentally ill persons are seemingly detained indefinitely and are left to languish in inhuman conditions. In an article in The Gleaner of June 14, Dr Raymoth Notice, a psychiatrist dealing with their care in the correctional services, wrote that most of these inmates had minor infractions and have been locked behind bars and “trapped in the system”.

To date, no one has been held responsible or accountable for Noel Chambers’ death, and there is still no justice. The Holness administration, although it inherited the system, had the opportunity to start making radical changes, but we are not seeing anything happening. It looks as if the lives of the mentally ill do not matter to the leadership of this country, or to the public servants in whose care they are placed.

Rights violated

Here is a summary of the constitutional rights, from INDECOM, that have been violated, when it states clearly the obligations of the State:

1) Section 13: To promote/observe human rights and freedoms, and that no person shall be subjected to torture and inhumane degrading punishment or other treatment.

2) Section 14: Provides protection of freedoms of persons so that no person will be deprived of his liberty, unless for reasonable grounds, and fair procedure is established by law for those ‘unfit to plead’.

3) Section 14 (3): Stipulates that persons fit to plead are entitled to be tried within a reasonable time and must not be deprived of liberty and human dignity.

4) Section 16: Protects their right to due process – a fair hearing within a reasonable time by an independent and impartial court.

5) Section 25C (2) states that where the defendant is unfit to stand trial, the court may:

a) Detain defendant at court’s pleasure.

b) Detain defendant at court’s pleasure at psychiatric facilities

c) Order that the defendant be supervised and treated and a guardian for the defendant.

These are fundamental breaches of human rights with detention to await trial exceeding the maximum sentences for those convicted and a clear breach where those persons are detained in inhumane conditions.

Section 25D (1): Stipulates that if (a) is done, it is the commissioner of corrections who is required to submit to the court, at least once per month, a report on the condition of the defendant. This was not done.

Section 25D(2): Reports are to be reviewed by the judge of the respective court to issue directions as fitting.

Section 25D (3-5) Court’s registrar must keep a register detailing the order made and summary of reports submitted for each defendant, so if the commissioner of corrections fails to report in subsection (1), this will be sent to the courts and they will be held accountable.

The enquiry into Chambers’ death revealed 146 mentally ill inmates languishing in dungeon-like settings at the governor general’s pleasure, unfit to plead, awaiting trial at Tower Street, St Catherine or Fort Augusta Adult Correctional Centre.

The psychiatrist conditions showed that nine inmates are ‘fit to plead’; 130 ‘unfit to plead’; and the remaining seven, ‘status unknown’. From that number, there are 15 persons incarcerated for over 30 years.

The Department of Correctional Services, re legislation, is seen as one of the root causes resulting in this great injustice and unfair treatment. The data revealed that the court dates given to these inmates were in the 1970s, 1980s and the most recent, 2000 to 2001.

Amendments were made to legislation re the 1975 Mental Health Act being replaced by the new act of 1999 stating that persons ‘unfit to plead’ would be detained ‘at the Governor General’s pleasure and not at the court’s’. This was unconstitutional and outlawed in the case of the DPP vs Mollison (2003) UKPC; hence, detainees would have to apply for their status to be changed, which is a tedious process.

Never taken to court

Chambers went missing and was found in the prison system. His family made several attempts, over decades, to have him released. They even engaged a human rights lawyer, but to no avail. They eventually gave up hope. However, after 40 years, they were notified of his death.

He was given several court dates, the most recent of which was in 2009, but had slipped through the cracks and was never taken to court. No public apology was made to the Jamaican people about this case, and no one held responsible or accountable to his family.

Williams calls it an indictment on Jamaica’s parliamentary and justice system in a June 25 article in The Gleaner, while on the same day, Paula Lewellyn, director of public prosecutions (DPP), in an article in the Jamaica Observer, quickly defended rather than condemned the relevant authorities and said it was unhelpful to play the “blame game”.

Now I know why we are in the mess that we are in. Certain individuals and departments have failed to carry out their public duty efficiently. They must be held accountable, if not, it will only get worse.

The DPP said ”there is no secured facility in Jamaica” to house these persons, then admitted that “efforts were made systematically, but not carried out in the way that it ought to have been”. Need I say anything else? Dr Geoffrey Walcott, consultant psychiatrist, in The Gleaner on July 3, stated that there are services available for the mentally ill detainee, but they need resources and support.

Alice Hogarth is an early-childhood educator, playwright/producer and co-author (Global Warming). She is also founder/leader of the Movement for Just and Upliftment. alice.hogarth@yahoo.com