Devon DickRECENTLY, THE British Court of Appeal made a landmark ruling, which allowed for evidence gathered from torturing detainees to be admissible as evidence in court. This historic judgment has far- reaching implications. When someone is tortured he or she is very likely to confess wrongs but equally likely to say what the torturer wants to hear. That torture has been legitimatised, as a 'weapon' of interrogation is a commentary on the issue of whether the political climate of the host country affects the judiciary.
This issue is relevant because one of the pivotal arguments for retaining the Privy Council based in London as Jamaica's final Court of Appeal is that the Privy Council would not be subject to political pressure as a Caribbean Court of Appeal. Based on the recent ruling of the British Court of Appeal, the Privy Council might be immune to the Caribbean political situation but it would be susceptible to the British political climate. That detainees, who are suspected of being involved or associated with terrorism, can have their statements, given under the pressure of torture, used against them in a court of law, shows that the political climate of Britain, which has placed that territory on high alert for terrorism, influences the judiciary.
THE REALITY
Clearly, this ruling advances the political agenda of the Tony Blair administration and naturally, Minister Blunkett welcomed the ruling. The reality is that no justice system can be divorced from its political context. A Caribbean Court of Justice is going to be sensitive to the political climate of the region. Chances are, even big business interests would try to influence the judiciary. Caribbean Courts have been known to make mistakes in their adjudication of cases. In addition, a Resident Magistrate in Jamaica was convicted for perverting the course of justice. But this is not unique to the Caribbean.
British justice throughout its history has been found wanting at crucial times. The trial of the Rt. Excellent Sam Sharpe, National Hero, was a disgrace. Sharpe and his chief assistants, such as Thomas Dove, Robert Gardiner, George Guthrie, George Taylor, Robert Johnson, John Tharpe, demanded the right to be paid a wage as workers rather than slaves. And what was the reaction of the British colonial justice system that was influenced by the political climate of the time? At least 300 summarily killed and at least another 300 executed by the Slave Courts and the Court Martial. The Public Record Office C.O. 137/187 has transcripts of the proceedings. The charge against Daniel Gardiner, which is a typical charge, would be 'For being concerned in Rebellion, Rebellious conspiracy and aiding in the destruction of Property'. Gardiner pleads not guilty. He is not cross-examined. Instead, other witnesses are called and then he is sentenced to death.
DEATH PENALTY
British Colonial justice system granted the death penalty for rebellious conspiracy and destruction of property, not the death of anyone. This was a scene repeated in nine other parishes throughout the island. And even after slavery legally was ended, the British justice system was weighed in the balances of justice and found wanting. In 1865, Paul Bogle, George William Gordon and many others were summarily executed. The three Commissioners who looked into this travesty of justice concluded about the rebellion that 'all that was proved was that an oath was administered, a pledge of secrecy required and the names of the persons sworn registered'. The commentary on the justice meted out to the blacks was that the killings were 'unnecessarily frequent' and the burnings of houses 'wanton and cruel' and the floggings 'reckless and, at Bath, positively barbarous'.
COLONIAL POWERS
And after Governor Eyre was tried for murder in England and the issue debated in British parliament, the result was that he was given a pension by the parliament. A serious indictment on British justice system as practised in Jamaica. Paul Bogle and his people knew that they could not get justice from the colonial powers and they established an elaborate justice system of their own with justices of the peace, judges and fines for crimes. Was this the precursor to the Caribbean Court of Justice?
When one compares the British justice system, based on rulings at historic moments, with Caribbean justice system, it is clear that the Caribbean has no equal to what happened in 1831, 1865, and 2004. Even if the House of Lords overturns this ruling on torture, it still shows that the British justice system is not immune to the political climate.
The Rev Devon Dick is pastor of the Boulevard Baptist Church and author of 'Rebellion to Riot: The Jamaican Church in nation-building'.
