THE EDITOR, Sir:
THE RECENT case of Clinton Bernard, whose award of damages resulting from injuries inflicted by a police officer was recently overturned by the Court of Appeal, demonstrates the vital importance of international redress for human rights violations when domestic legal systems fail.
Yet to most Jamaicans, tribunals such as the (United Nations) Human Rights Committee (HRC) and the Inter-American Commission on Human Rights (IACHR) are synonymous with just one thing - Death Row inmates making frivolous appeals in an attempt to escape the gallows. And who can blame the gene ral public for this perception, since it is has been persistently peddled by the Government?
Indeed, it was the reason it was able to deny all Jamaicans the right of appeal to the HRC, a feat achieved with barely a whimper of protest. Of course, unless citizens are made aware of their rights under treaties like the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR), there is little chance of complaints ever being lodged.
A cynic would say such ignorance is in the Government's interests. It is therefore welcome news that Jamaicans for Justice (JFJ) has secured a commitment from the IACHR that it will investigate all complaints of human rights violations submitted on behalf of Jamaicans. However, the real test will be whether the Government acts on any recommendations resulting from such appeals. It will not be under any legal obligation to do so, but as a signatory to the ACHR it has a strong moral duty to comply.
A way for the government to show its good faith would be to implement all outstanding HRC and IACHR rulings and to give a commitment that it will act upon those made in the future. We urge the Government to do so without delay.
I am etc.,
SHELAGH SIMMONS
Co-ordinator, Caribbean Justice
simmons@carib-justice.freeserve.co.uk
Southsea,
Hampshire,
England,
Via Go-Jamaica
