No evidence required

The Editor, Sir:

There is no doubt that the crime rate in Jamaica is high and that Jamaica is deemed as the murder capital of the world. We, therefore, understand why the Bruce Golding-led administration would make an effort to gain political mileage by ostentatiously attempting to address this problem. However, what could the administration reasonably expect to achieve from an extended state of emergency? What real or sustainable result can the Jamaican society look forward to?

The state of emergency gave the police the freedom to ignore all the fundamental and constitutional rights of Jamaican citizens. And yes, we are prepared to give up some of our fundamental rights for the greater good of the nation, but we can hardly act surprised when in reality our already abusive, zealous, underpaid and over-worked police personnel take the opportunity to incarcerate many without any evidence to substantiate a claim that the incarcerated is involved in criminal activities.

All the police need to do to justify the unconstitutional detention of a Jamaica citizen is say they have 'intelligence' that the citizen is involved in criminal activities. No real or physical evidence is necessary and no actual witness is required to satisfy the minister of national security that the detained person should remain in custody during the state of emergency. The police could incarcerate any of our citizens and invite them to stay in already overcrowded jail facilities on meagre allegations.

Unsubstantiated allegations

The heads of government place no value on the importance of evidence. Mere unsubstantiated, unproved allegations are enough to justify detention under the state of emergency. The police should only detain a person for the purposes of charging that person and taking that person before a court of law, so that the person's guilt or innocence could be determined.

Most of the persons detained under the state of emergency were not charged because the police officers had no witness, no forensic or scientific evidence to present to court. The detained is jailed only to be released back into society. If the police are correct that the detained is involved in criminal activities, nothing is to stop him or her from resorting to criminal activities, as soon as they are released.

So what is the real purpose of detention? To keep the detained off the streets? The detained cannot be kept off the streets forever. The state of emergency could not continue forever. It is only an insufficient, short-term and temporary attempt to deal with the issues of criminality and lawlessness that have consumed the Jamaican society. It is merely a plaster on big sore, rather like putting a cotton swab over on a Caesarean surgical incision and expecting the wound to heal. It is designed merely to pacify our cries for real attempts to address the crime monster.

Sensible approach

The Government must devote the state resources to a more authentic and sensible approach to solving the problem. What is apparent is that the police force is averse to investigation. Rather than do proper and detailed investigation to gather and obtain evidence against the criminal elements so that they can be charged, tried and convicted, the police seem to think that the solution is temporary incarceration, detention under a state of emergency.

The new crime bill is also good evidence of this 'aversion'. The 60 days without consideration for bail is supposedly designed to give the police time to complete their investigation. A person should never be detained on mere suspicion. The police must have enough evidence before the liberty and freedom of our citizens are taken away, before taxpayers are forced to fund the detained or the confined while he is entertained by the police officers in jail or the correctional officers at the detention centres.

The Government must consider giving our police all the necessary tools and resources to assist in investigation so that the guilty can be tried and convicted. Social reform is also imperative. This continued abuse of our rights and abuse cannot be the solution.

I am, etc.,

TAMIKA HARRIS

harris_tamika@hotmail.com