Tivoli enquiry should guarantee justice and end impunity

By Jaevion Nelson

It's a shame we continue to have such scant regard for people's right to life; unless, of course, we consider them 'important' enough to privilege them with our concern, so much so that the course of justice is dependent on titles, genealogy, class, colour, popularity, and/or whatever else we use to determine people's worth.

What has been happening in inner-city and low-income communities, such as Tivoli Gardens, in post-colonial Jamaica shows the desperate situation of a significantly large segment of the population. The massacre and brutalisation of Rastafarians in Coral Gardens, St James, in 1963; the destruction of Pinnacle in Sligoville, St Catherine in 1953; and the death of seven girls as a result of the deadly fire that destroyed the Armadale Juvenile Correctional Centre, St Ann, in 2009, are unfortunate and horrifying examples.

A GRAND WASTE OF TIME?

But let's focus on Tivoli Gardens (in West Kingston), the so-called "mother of all garrisons", "a barricaded neighbourhood guarded by armed gunmen," which was developed out of a 'renewal' project between 1963 and 1965, and our response (as a nation) to the incursion in May 2010.

Many of us couldn't care less if there is a commission of enquiry. Many of us are anxious that it might be a grand waste of time, if the daytime drama Manatt, Phelps & Phillips Commission of Enquiry surrounding the extradition request for Christopher Coke is a benchmark. The last thing we - well, most of us - would want is for this enquiry to be an election stratagem.

It is appalling that this is even possible. It's horrifying to think that some of our political leaders might try to politick with the lives of the 60 or more people who died in the incursion. This would be vulgar. It's disheartening to think about what any interference will implicitly say to the families who were affected - that being in office is not as important as the truth about what happened in West Kingston and reconciliation and justice. Sadly, the politicking is already palpable. I'm sure it's only a matter of time before Betty-Ann Blaine's New Nation Coalition might even make a wild try, too.

TRUE RESPECT FOR ALL

The politicking has developed in us an insatiable hunger for an end to these power-grabbing games, but 'time come' for there to be 'true respect for all' - even the dead. Some of us might be concerned that this is a waste of time because we believe that many of those killed were criminals. Though this might be true, are we implying that alleged criminals do not have the right to a free and fair trial? Truth is, there is no reason enough for us to throw our hands up and rubbish this enquiry as expensive and unnecessary. Importantly, this reservation to unravel this tragedy highlights our preconceived ideas of people who live in inner-city communities and betrays our disregard for the lives of people who are poor.

We must remind ourselves about what happened with the 2002 commission of enquiry after the joint operation by the police and the army to seize illegal weapons in Tivoli Gardens in July 2001 when 27 people, including Corporal Mark Henry and Lance Corporal Kevin Lawrence, died. This should prod us into action.

According to Amnesty International, there were "legal, factual and evidential inadequacies" in the enquiry that made it "institutionally biased in favour of the state" and that "the collection, analysis and consideration of medical, forensic and ballistic evidence also failed to meet international standards."

We cannot be concerned solely with the problematic comment made by one of former commissioners, Velma Hylton, who has now requested exclusion from the commission of enquiry related to the events in May 2010. It is incumbent on us to ensure that (1) there is in-depth scrutiny; (2) the people have a sufficient number of lawyers (the last time there were eight lawyers for the state and two for the victims!); (3) victims and their families, including of those who died, are given equal opportunities to speak before the commission; (4) the procedure for cross examination will be thorough to ensure evidence is properly tested; and (5) closing submissions be made on behalf of the victims.

This enquiry cannot be like the last. If we are indeed serious about stemming the tide of crime and violence and protecting and promoting human rights, then we must recognise our collective effort is desperately needed in holding the state accountable to protect its citizens and ensure justice for those who are wronged - whether by the state or fellow citizens.

Jaevion Nelson is a youth development, HIV and human rights advocate. Email feedback to columns@gleanerjm.com and jaevion@gmail.com.