Harrison Henry
THE JAMAICAN Bar Association has expressed 'profound concern' about the decision taken by Dr. Peter Phillips, Minister of National Security, that all defence counsels visiting lock-ups or prisons should be subjected to search.
"Whilst we are mindful of issues of security at detention and correctional facilities, we resist any attempts to undermine the dignity of the role of the defence counsel in the administration of the criminal justice system," a statement over the signature of Arlene Harrison Henry, president of the association said.
The association said that the Minister's decision which is relied on sections 82 and 83 of the Correctional Institution (Adult Correctional Centre) Rules 1991, was not interpreted properly.
"Having reviewed the sections relied on by the Minister of National Security, we do not accept that these provisions, entitle the gatekeeper as a matter of course to conduct physical searches of all persons entering these facilities."
However, the association said it accepted that where there was reasonable suspicion of contraband entering facilities, there may be need for appropriate examination of persons suspected of doing so. But as it now stands, "it seems that as a matter of policy, the gatekeeper is directed to search everyone entering into the facilities, whether or not he has reasonable suspicion of any contraband entering or leaving the facility.
"The Minister claims that this change in policy is necessary, because the presumed trust and integrity once reposed in lawyers can no longer be relied upon."
The implementation of these stringent measures at the nation's adult correctional facilities are as a result of allegations that some attorneys-at-law have breached stringent security measures at the Horizon Remand Centre on Spanish Town Road where several of the country's notorious criminals are being housed.
STRINGENT MANNER
The Ministry of National Security in a recent statement said under existing law, all persons leaving or entering the island's penal facilities are subject to search. But the Ministry said that 'the Correctional Services Department has not enforced all these provisions in a stringent manner.'
Reports of a recent breach by at least one attorney has resulted in the department submitting a formal complaint to the General Legal Council. It has been alleged that attorneys have smuggled contraband such as cellular phone batteries and chips and cellular phones to high risk detainees.
The missive also outlined additional concerns the association had as it related to access to clients. Their major grouses were the limited hours and days on which access was granted, refusal of access plus what was dubbed as the increased disregard for the right of privacy of communication between lawyer and client.
"At several correctional facilities including the General Penitentiary (Tower Street Adult Correctional Centre) at Tower Street, lawyers have no place to interview clients," said Ms. Harrison Henry.
