Delroy ChuckTHE BREAKDOWN in law and order, decency and discipline, restraint and control, and of a fair and good society did not occur overnight - it has been a gradual process. The failure of decent men, of influential leaders, of a socially conscious church and of an impartial and independent media, amongst others, to stand up and speak out against the many wrongs, glaring injustices, obvious malpractices and to demand corrective action has contributed to the disintegration of the Jamaican society.
Even now, the society is deeply divided over issues of right and wrong, even-handed justice, due process and respect for the law. The society is so overwhelmed by criminal violence that many are prepared to turn a blind eye to breaches in the rule of law and due process. It is a shocking disgrace that so many crimes remain unsolved, and offenders avoid the long arm of the law. It is an equally shocking disgrace that communities actually feel relieved when the security forces brutally and extra-judicially execute alleged criminals; as such action undermines the rule of law and causes further injustice.
Yet, I must admit, it is sometimes understandable, as many communities have come to believe that the criminal justice system, particularly through poor investigative policing and information gathering, cannot control crime and protect the society. To be sure, criminal violence, gunmen and killers have overwhelmed and terrorised the nation for the past thirty years and more, and each decade the problem seems to get worse. The Jamaican society is traumatised, terrified and distressed. It eagerly seeks respite and relief from the criminals, from the violence and mayhem and from the stopgap, brutal, measures that always seem to fail. In spite of the many crime measures, numerous security operations and periodic legislative actions, the problem of crime seems to escalate rather than abate. Surely, it is time to review what we have done and ask why the measures to control crime have not worked?
The killing of over 5,000 people by the security forces during the past 25 years has not made the society safer. I would argue it has brutalised, dehumanised and devalued life. I would further argue that even if we should execute another 5,000 over a shorter period we would still have the criminal problem and would be probably worse off. Violence begets violence. Injustice breeds injustice. The value of life is not respected by taking it. The rule of law cannot be enforced and upheld by undermining, breaking and ignoring due process and respect for law.
I think it is very sad that so many of our people think that revenge is justice and, worse, that the loss of a few innocent lives can be justified in the pursuit of summary justice for criminals. In truth, our ambivalence towards the rule of law has contributed to the breakdown of law and order, to criminal behaviour and to the chaos and confusion that reign almost everywhere.
The ambivalence starts at the very top. The government and agents of the state are not interested in ferreting out the truth and ensuring justice, especially in matters that are politically delicate. The shooting up of Tivoli Gardens by the security forces for over two days with the loss of life in May 1997 remains a mystery. Truth and justice remain hidden, covered up, in the street people scandal, the Michael Gayle affair, the wiretapping exposure, and in so many other cases. I remember well the tongue lashing I got in Parliament when, on the motion for adjournment, I brought to the attention of the House that over 300 inmates of the St. Catherine's District Prison were systematically and unlawfully beaten with electrical wires and batons. I was accused of propaganda and misleading the House. The truth was too painful to bear. It appears that the long awaited report will shortly be made public and perhaps the truth will be known.
But, will justice be served or will the society simply agonise and forget it? Will the truth emerge from the Braeton killings or, like every alleged state injustice, it is just another nine-day wonder? It is this ambivalence to the rule of law from the state and its agents that makes criminal behaviour so acceptable and neutralised by the criminal elements. I think the government makes a big mistake in believing that truth and justice can simply be ignored and that the more laws it passes the more orderly the society will be. It is a tragic mistake to think that more laws mean better justice or a better society. Yet, one of the main boasts of the present government is its propensity to make new laws and pass numerous bills in the House.
I would argue that the less laws we have that are properly and effectively enforced the more orderly and disciplined the society will be instead of having infinite laws that are rarely enforced and actually ignored with impunity. Would anyone believe there are laws to protect citizens from the loud and horrendous noise coming from sound systems, to punish people for littering, to stop commercial encroachment in residential properties, to impound animals straying on the roads, etc., etc. Why worry to pass laws if they are not enforced?
Laws must be respected and can only be respected if they are enforced. Failure to enforce laws encourages disrespect for the rule of law and contributes to the decline in discipline, lawful authority and good order. We are truly a society in crisis, in search of peace, prosperity and a proper place amongst the League of Nations. Yet, the political turmoil, economic disasters and social decline will continue if good men remain silent, if our leaders ignore the call to statesmanship, if our businessmen pursue their narrow self-interest without concern for the communities around them, if our media fail to uphold its impartial and independent role, if our security forces yield to expediency and viciousness in law enforcement and if the whole society disregard the tragedy unfolding within it.
In a nutshell, the society can only find comfort and peace, if truth, justice and due process are paramount in everything we do.
Delroy Chuck is an attorney-at-law and Opposition Member of Parliament. He can be contacted by e-mail at delchuck@hotmail.com.
