Howard Campbell, Gleaner Writer
Senator A.J. Nicholson. - IAN ALLEN/STAFF PHOTOGRAPHER
ATTORNEY GENERAL, Senator A.J. Nicholson yesterday took the Inter-American Commission on Human Rights (IACHR) to task for its criticism of the Jamaican government's handling of the Michael Gayle case.
In responding to the IACHR's report on the matter last week, Mr. Nicholson described the human rights organisation's stance as 'unacceptable.'
"I am obliged to note that the government disagrees with some of the recommendations made by the Commission; we have always sought to bring closure to this matter," said Senator Nicholson during a press conference at his Kingston office. "I am again obliged to note that some of the Commission's recommendations on points of substance are not particularly helpful," he added.
The IACHR's report was made public by local human rights watchdog, Jamaicans For Justice (JFJ) on November 10. It admonished the State for violating the human rights of Michael Gayle, who was killed by security forces in the Olympic Gardens area of Kingston in August 1999.
JFJ sent a petition of the case on behalf of Mr. Gayle's family to the IACHR in March 2002. The body has recommended that the government issue a public apology to Mr. Gayle's family as well as grant them payment for 'moral damages' suffered by his mother, Jenni Cameron.
But Senator Nicholson said the government had already done this. He pointed to a statement he made in March 2004 in which the administration said it 'deeply regrets the killing of Michael Gayle and admitted liability for his death.'
"I believe this is a public apology and I am disappointed that, apparently, the Commission does not share his view," Senator Nicholson said yesterday.
MONETARY COMPENSATION
As for monetary compensation, he said a total of $2,886,265 was paid to Miss Cameron for the estate of Michael Gayle, the last instalment coming in March this year. He noted that the figure was agreed to by lawyers representing Miss Cameron.
"No amount of money can provide consolation to Miss Cameron in this time of continuing grief and tragedy," said Mr. Nicholson. "At the same time, I would not wish members of the public to be left with the impression that compensation has not been paid for the wrongful death of Mr. Gayle."
Michael Gayle, 22, was a mentally-challenged man who was beaten by members of the security forces who were enforcing a curfew in Olympic Gardens six years ago. It is alleged that he attempted to break the blockade; Mr. Gayle succumbed to internal injuries on August 23 1999, two days after the incident.
No one has ever been charged for his death.
