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Increase penalty for refusal to testify - Commission


Corpses of some of those killed in the violence in West Kingston last July; this was at the Madden's Funeral Home. - File

The following are the recommendations of the Isaac Commission which probed the violence that occurred in West Kingston from July 7 to 10, 2001.

1.24 "Having regard to the fact that refusal to testify is punishable only on summary conviction by a Resident Magistrate, and then by a maximum fine of only $500, or in default of payment, three months in prison, and having regard also to the serious nature of the conduct of the witness who refused to testify in answer to summons, it is our strong recommendation, first, that the Commission of Enquiry Act be modernised and brought into conformity with current notions of fairness and contemporary reality; and second, that Section 11 of the Act provide for a penalty that would deter such conduct. (paragraph 2.67)

1.25 "We also recommend that commissions be permitted to refer conduct of this nature to the Supreme Court of Judicature for first a determination as to whether or not the conduct is found to be contemptuous, the imposition of the appropriate penalty (paragraph 2.68).

1.26 "A new accountability mechanism should be established at the national level in the form of a National Crime Commission with oversight responsibilities for the operational effectiveness of the JCF.

1.27 "Existing mechanisms for disciplining police officers who abuse their discretionary powers and engage in unprofessional conduct generally should be replaced by a Civilian Review Board with authority to hold hearings respecting breach of orders underlying abuse of discretionary powers, abusive conduct, and unprofessional behaviour: all citizens in the society regardless of their station in life should have access to this Board.

1.28 "Police officers as a class should be made subject to the Corruption (Prevention) Act 2000.

1.29 "To facilitate the transition to full community-based policing, the appropriate authorities should give serious consideration regionalising those police functions that lend themselves to community-based policing.

1.30 "The Government should place sufficient resources at the disposal of National and Regional Commanders of the JCF to enable them to attain their goals and achieve their objectives.

1.31 "Senior officers, i.e. officers of the rank of Deputy Superintendent and above, should receive intensive training in risk assessment and in the use of non-lethal weapons.

1.32 "No police officer should be attached to any politician for a term of more than three years.

1.33 "The Government, in collaboration with the Private Sector, should embark on a national development programme for inner-city communities, specifically aimed at housing, social amenities and business facilitation.

1.34 "The Government should undertake a massive programme of education and training in order to sustain development in the inner-city areas, including education and instruction on good parenting.

1.35 "As a matter of urgency, the Government should implement a structured job-creation programme to be pursued within the inner-city communities of the Corporate Area with emphasis on West Kingston.

1.36 "The Government should give serious consideration to the implementation of some or all of the projects recommended by Mr. Dennis Morrison: The development of Port Royal/Port Henderson/ Fort Augusta and Spanish Town, Free Zone Shopping, Downtown Shopping District, Market Reorganisation, Sports & Culture, Information Technology, Garments and Furniture, Microbusiness), fully cognisant of the external and internal financial constraints under which the Government is now obliged to operate.

1.37 "The Government should consider relocating the whole, or a substantial portion of, selected Government departments outside of Kingston to those parts of the rural areas where they could provide the greatest benefit to those who use the services.

1.38 "Local Government Reform could be organised in such a manner as to encourage young people to remain in the rural areas. In this connection, special incentives could be given to entrepreneurs who are willing to invest in businesses and industries in these areas in order to foster rural development and the provision of jobs for rural youth. The strengthening of youth organisations like the 4-H Clubs, would give the organisations the means to contribute effectively to skills training, leadership development and small cottage industries.

1.39 "The Government should place greater emphasis on rural agricultural development and pursue a more structured land policy with specific emphasis on persuading young people to remain on the land.

1.40 "A Rural Development Commission should be established to provide an institutional basis for shared development.

1.41 "The Government should initiate measures to reduce significantly and eventually erase all forms of political victimisation and patronage in the distribution of work, and scarce benefits. The existence of this phenomenon generates anger, distrust, interpersonal conflicts and resentment, and results in serious crimes and violence. Tribalism and garrison politics aggravate unrest. These features of national life should be eliminated as a matter of great urgency. We recognise that implementation of this recommendation requires a commitment and wise leadership of the political elites.

1.42 "The present 'dons', whether reformed or not, should not be involved in this reform in any way whatsoever.

1.43 "The Government should give serious consideration to instituting, within a reasonable time, a Restorative Justice Programme to empower the affected communities to take control of selected justice processes with a view to enhancing the self-esteem of the people who reside in these communities. We recommend its application as a means designed to solve a number of serious problems in the affected communities.

1.44 "We strongly recommend that the Government take urgent steps to implement those recommendations that they decide to accept.

1.45 "In implementing these recommendations Government should consciously seek the support of members of the political opposition, leaders of the other political parties, civil society and the Church."

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