JFJ concerned about SoPE regulations, against extension

Human rights lobby group Jamaicans for Justice (JFJ) says it is strongly concerned that the Government has failed to announce the establishment, composition, or location of the Emergency Powers Review Tribunal under the regulations for the states of public emergency imposed in seven parishes.

The regulations were passed in the House of Representatives on Tuesday, with the Government using its majority to vote for an extension of the measures, which requires a two-thirds majority.

The states of public emergency came into effect last week Monday.

The matter will now go to the Senate where the government needs to support of at least one opposition senator.

JFJ is asserting that the lack of information on the review tribunal once again shows the government's flagrant disregard for the rule of law.

“We ask that its [tribunal] composition and registry be published so detainees can make their objections known to their detention. Further, whilst JFJ notes the 'improvements' of the review tribunal where detained persons can now raise objections at any time to the tribunal, it is of little comfort if the registry is not published. We, therefore, question whether persons have been detained since the declaration and whether their constitutional right to a fair and impartial hearing has been compromised due to the government's inadequacies,” contended the organisation in a statement this morning.

Meanwhile, JFJ is raising concerns about several provisions within the regulations which it believes may be contemptuous of the court's rulings about the matter.

“Of importance, the lack of specified areas within Kingston and St Andrew parishes is concerning. Though announced by Prime Minister [Andrew Holness] and then detailed by the police commissioner, the borders within KSA that are declared under the SoPE [ states of public emergency] are not outlined in the regulations, and therefore, restrictions of one's civil liberties may be arbitrarily applied against persons in all of KSA.”

It also took issue with the reasons outlining for declaring the states of public emergency.

And it is of the view that the regulations and the existence of the security measure create an alternate criminal justice system and provides far-reaching powers to the police.

“A troubling example is regulation 33(4) which empowers a senior superintendent, following a release from detention, to impose restrictions curtailing freedom of movement such as the individual remaining within their homes or communities, and restricting who they can communicate with. This runs contrary to a just criminal justice system as these are powers are ordinarily bestowed upon the judiciary.”

JFJ also notes what it calls the arbitrary loophole of regulations 33(1) regarding detention.

“At regulations 30(2)(a), it mentioned seven days for detention without evidence or charge, but regulations 33 has no time limit. A significant criticism of the SoPE is the retention of fingerprint and other biometric data.

“The current regulations, specifically 30(3), seemingly try to address this breach by making reference to fingerprint and DNA evidence acts. However, in the reading of the DNA Evidence Act, the destroying of evidence is done only upon the case being concluded, so the timeline can be indefinite. The persons to grant the keeping of evidence include the police commissioner whose interest would serve to have data retained. Given the problems under this legislation, the reference within the regulations is of little comfort.”

JFJ is calling for the opposition to withstand succumbing to political pressure, and not to lend its support to the extension of the SoPE.

“Even with the most improved regulations, such improvements would be a mere veiled attempt to make an unlawful use of state of public emergency as a crime-fighting strategy more palatable,” it argued.

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