Public Defender laments lack of security forces accountability for 2010 operation

Public Defender Arlene Harrison-Henry has lamented that the issue of accountability has still not been addressed, more than seven years after the West Kingston security operation in West Kingston to capture the fugitive, Christopher ‘Dudus’ Coke.

“There’s nobody held accountable for the killing of these young men; no policeman came to the Commission of Enquiry and said ‘persons engaged me in gunfire and in return I shot and killed anyone’ so the issue of accountability remains wide open,” she said.

The Public Defender spoke to RJR News after it was revealed that the payment of financial compensation to victims of the state and their relatives during that May 2010 security operation would commence shortly.

Scores of young men were killed by the security forces during the operation.

Prime Minister Andrew Holness apologised in Parliament this week for the excesses of the State during that operation.

The Terms of Reference of the Commission of Enquiry, established on February 21, 2014, were to enquire into, among other things: 

whether, and if so under what circumstances, state officials and law enforcement officers came under gunfire attacks during May 2010 in incidents connected to the attempts by law enforcement officers of Jamaica to arrest Christopher “Dudus” Coke;

the circumstances under which, and by whom, several Police Stations and other state property (including police or military vehicles) were attacked and damaged or destroyed by firebombs, gunfire or other means during or around the period of the State of Emergency declared in May 2010;

the conduct of operations by the security forces of Jamaica in Tivoli Gardens and related areas during the said State of Emergency in the month of May 2010;

the allegations that persons were especially armed to repel any law enforcement effort to capture the fugitive Christopher “Dudus” Coke and, if so, by whom;

what were the circumstances under which, and by whom, embattlements and barriers were set up in Tivoli Gardens, and whether efforts were made, and by whom, to restrict ingress and egress of law enforcement officers or to prevent the arrest of Christopher “Dudus” Coke;

what arrangements were made, and what precautions were taken, to protect citizens in Tivoli Gardens and other affected areas from unnecessary injury or property damage during the law enforcement action in the State of Emergency, and the adequacy and appropriateness of those arrangements and precautions in the prevailing circumstances;

whether, and if so under what circumstances, civilians, police officers and soldiers of the Jamaica Defence Force were shot and killed or injured during May 2010 in connection with the security forces seeking to effect the arrest of Christopher “Dudus” Coke on a provisional warrant in extradition proceedings;

the circumstances under which, and by whom, private property was damaged or destroyed during or around the period of the State of Emergency declared in May 2010;

whether the rights of any person or persons were violated in any of the affected or related communities by either law enforcement officers or by anyone else and, if so, whose rights were violated, and the manner and extent of such violations, and by whom such violations were perpetrate;

the chain of command in relation to the decisions concerning the operations by the security forces in Tivoli Gardens and related areas during May 2010, and the respective responsibilities of each person in that chain of command;

whether any dereliction of duty or unlawful conduct is attributable to any person or persons in that chain of command in connection with the decisions concerning or the execution of the operations by the security forces in Tivoli Gardens and related areas during May 2010 and, if so, to which person or persons, and the nature and extent of such dereliction of duty or unlawful conduct;

the circumstances concerning the recovery of illegal firearms and other munitions in Western Kinston or any related or affected areas.