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Deeply concerned... Opposition not happy with more SOEs

Published:Sunday | November 14, 2021 | 6:33 PM
Members of the security forces at a State of Emergency checkpoint on North Street in downtown Kingston - File

The Opposition says it is deeply concerned about the declaration of more States of Public Emergency (SOEs) before the outcome of the Government's appeal against a Supreme Court ruling.

In a landmark decision last year, the Supreme Court ruled as unconstitutional the months-long detention of five men without charge.

The Court held that the constitutional rights of the claimants Everton Douglas et al, and the constitution itself, had been breached by the detention system.

This morning, Prime Minister Andrew Holness announced the declaration of States of Public Emergency in seven police divisions saying Jamaica's crime rate was similar that of a war zone.

READ: PM says crime now almost a competition for cruelty

But according to the Opposition, there are already adequate provisions in ordinary legislation to deal with Jamaica's problems with crime.

“There are existing measures that allow the army to be mobilised to support the police in the high-violence areas, and to use tools such as curfews and cordon and search operations,” said a spokesperson in a release.

The Opposition maintains that a State of Emergency is an extreme measure, which should never be used lightly.

“It should only be used when all the other provisions for the maintenance of law and order are clearly inadequate to the task,” said the Opposition spokesperson.

According to the Opposition, unlike ordinary policing, a State of Emergency allows for people to be detained on a long-term basis without charge.

“It is potentially very dangerous to allow detention without charge to become part of standard policing. It would be too easy for this measure to be abused to the point where it started to undermine civil liberties and democracy in Jamaica,” said the spokesperson.

The Opposition said the Government has resorted to this “desperate measure” to cover up its failure to bring down crime.

“The Prime Minister is trying to spread the blame for his dismal failure to make Jamaica safe and secure,” said the spokesperson.

The Opposition also said its parliamentary group will soon meet with the executive committee of the People's National Party to prepare a response for the debate on a resolution to extend the SOE.   

An SOE can only continue for 14 days without an extension supported by a two-thirds majority of both Houses of Parliament.

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