'New atmosphere has crooks running'
Published:Thursday | July 22, 2010 | 12:00 AM
Attorney-at-law Bert Samuels has welcomed news that the state of emergency will not be extended.
Samuels has repeatedly raised concern about the possible abuse of Jamaicans during the state of emergency, referring to the Jamaica Constabulary Force Act which, he argues, gives the police powers similar to those under a state of emergency.
"It is not the state of emergency which has led to the cessation in criminal activity, but rather that a new atmosphere has been created where our politicians cannot wield the negative influence they did hitherto," argued Samuels.
He claimed that the lower homicide numbers reported over the past two months reflect the freedom which the security forces have been allowed to carry out their duties since the May 24 incursion into Tivoli Gardens, west Kingston.
"The increased and visible presence of the military-police, the prevalence of cordons and curfews, the seemingly free hand with which the security forces are now able to operate, have cumulatively sent a new message to the criminal elements to run for cover," said Samuels.
Distrust of judges
According to Samuels, the public should understand that the most distinctive feature of a state of emergency is that, where usually a judge can enquire into the detention of any citizen, there is no such right accorded to the detainee held under a state of emergency.
"I have a great suspicion that the insistence on the retention of the state of emergency - when there are already adequate statutory powers in existing laws to deal with our crime problem - is born out of a distrust for our judges and a disregard for the rights of ordinary citizens," the attorney said.
"The appropriate laws are there to protect us."