These men from Tivoli Gardens are forced to lie in a marl pit during the recent operation by the security forces in the west Kingston community. - Rudolph Brown/Chief Photographer A step towards transparency and accountability

(The following article was submitted by Jamaicans For Justice)

Unjustifiable killings by security forces and a pattern of impunity are not new concerns for those involved in monitoring human rights in Jamaica. The struggle for justice and human rights for all has had many setbacks along the way. Therefore, when important landmarks in the struggle are reached it is absolutely critical that we recognise the accomplishment.

It is not uncommon for soldiers to be involved in civilian law enforcement in Jamaica and over the years there have been many allegations of soldiers committing serious human rights violation in such a context. The killing of 25 persons in Tivoli Gardens in 2001 by a joint military and police force and the fatal beating of Michael Gayle in 1999 by another joint security force are incidents of particular brutality and human rights violations the JDF held internal investigations to both of these incidents, the findings of those investigations remain shrouded in secrecy.

In the Michael Gayle inquest, both the office of the Director of Public Prosecutions and the coroner failed to ensure the army produced all documents from the military inquiry into the incident. Some statements were allowed into evidence but the findings of the inquiry were never produced. Similarly, the coroner in the Tivoli Gardens Coroner's Inquest refused to order the findings from the military investigation into the incident be brought to court.

Unfortunately, many Jamaicans have grown accustomed to a security force some of whose members appear to have total disregard for human life, dignity and rights. Jamaicans have come to expect a code of silence among members of the security forces who - though they might not take part themselves - turn a blind eye to such violations. Jamaicans, including members of the security forces, have become accustomed to a milieu where some members of the security forces act with complete impunity and thereby tarnish the reputation of the forces and the entire justice system.

It is against this background that we say a significant landmark was reached with a recent ruling in the Kingston and St. Andrew Coroner's Court in the matter of the fatal shooting of Morris Allen. The ruling, by His Honour Patrick Murphy, was handed down on October 5, 2007 and orders the Jamaica Defence Force (JDF) to make documents from a previous military investigation into Mr. Allen's death available to the Coroner's Court for the ongoing inquest. Jamaicans For Justice (JFJ) counsel, representing the family of Morris Allen, had contended that the soldiers' statements and information derived from the JDF investigation were crucial if the coroner were to conduct a full and sufficient inquiry into Allen's death. The coroner's ruling means that the coroner and jury will - for the first time - have the benefit of the army's investigation as they try to get to the truth of the circumstances of Mr. Allen's death.

public interest

The ruling turned on the principle of public interest immunity. The JDF argued that the documents should not be disclosed because they related to an informal JDF investigation used solely for operational purposes and if documents of this nature were to be revealed to the court, it would impair the proper functioning of the JDF. They further contended that if the documents were disclosed, it would affect the future willingness of soldiers to be frank when giving details of their activities while on patrol. Counsel for Mr. Allen's family countered that the public interest in getting to the truth of all the circumstances surrounding his death, and the duty of the coroner to conduct a full inquiry into those circumstances, outweighed the army's concerns.

Karyl Walker, in the Sunday Observer, quoted the coroner in his questioning of Rear Admiral Lewin as saying, "The JDF might have in its possession a statement from more than one soldier that might allege murder or manslaughter. Are you telling the court that the JDF would not hand over these statements to the police? Is it not the duty to hand over these statements to the police rather than hold on to them for operational purposes?"

The coroner in handing down his ruling cited authorities that stated "the notion that any competent or conscientious public servant would be inhibited at all in the candour of his writings by consideration of the off-chance that they might have to be produced in litigation is simply grotesque". He also said that when it is alleged that agents of the state had taken the life of an individual "an investigation of the utmost rigour" is warranted.

The coroner requested that in order to make an evaluation of whether the documents should be disclosed, he would have to inspect them; this he did and then he ruled that they were material and relevant and should be produced. The Deputy Solicitor General who had argued against the release of the findings to the inquest, requested and received a 21-day stay of execution of the ruling to give him time to decide whether to appeal. If there is no appeal the findings of the JDF's investigation are due to be handed to the Coroner's Court on October 26, 2007.

investigation of complaints

In any event, given that there is currently no independent mechanism to oversee or supervise the investigation of complaints against soldiers, His Honour Mr. Murphy's ruling in this matter is a huge step forward towards ensuring justice is not only served, but also seen to be served.

Jamaicans For Justice hopes that this ruling reflects a turning of the tide: a signal from the courts that they will no longer contribute to providing impunity for violations of human rights, and that they will uphold the public interest in getting to the truth of all instances of death at the hands of the security forces over the interests of the army in keeping its proceedings secret. We hope that this important ruling heralds a new era of transparency and accountability in the administration of justice. The next court date in the Morris Allen matter is set for November 27, 2007.

Jamaicans For Justice

Email: ja.for.justice@cwjamaica.com.