Mickel Jackson | Security forces’ killings and need for stronger accountability

Killings by members of the security forces in Jamaica is once again increasing, with a staggering 152 people killed since January. This trend places Jamaica on course to record the highest number of killings by law enforcement in about a decade. What intensifies this disturbing reality is the complete failure of accountability measures, as not a single incident involved the activation of body-worn cameras.

Each case of security force-involved shootings deserves independent scrutiny, yet the alarming rise in statistics cannot be overlooked. In 2013, the country saw 258 civilians killed by security forces. During the period from 2014 to 2016, the annual number of fatalities was cut in half, with 2014, for example, recording 115 fatalities. The subsequent years 2017 and 2018 saw an increase to 168 and 137, respectively. In 2019, the country welcomed the lowest number of police-involved fatal shootings of 86.

In 2020, the number rose from the 86 to 115; it continued to climb to 127, then 134, and reached 155 in 2023. Now, with 2024 already marking 152 killings, we stand at a precipice as the projection suggests Jamaica may very well exceed the 2017 figure of 168 civilians killed by the security force.

We look at the fatal shootings each year, but it is also important to examine the complaints and allegations of assault by law enforcement which includes assault occasioning bodily harm and assault at common law. In 2023, there were 448 complaints compared to 366 in 2022.

Some readers may respond to this article with broad assertions that the crime rate is high and those who defy the police should be killed. Others automatically assert guilt for all individuals who come in contact with the law. Let us challenge our way of thinking. It is essential to emphasise the critical distinction between the lawful actions of police officers, often taken in self-defence, and some actions that are simply disproportionate to civilians’ actions or threats encountered. Advocating for police accountability should never be misconstrued as condoning criminal behaviour; such an assumption is not only misleading but is also an insult to the intelligence of the people.

RISK ERODING

Frankly, when society begins to expect the same standards of conduct from both law enforcement officers and criminals, we risk eroding the very foundation of the rule of law and accountability that is vital for the stability of our communities. Members of the security forces ought to and must be held to a higher standard.

We must collectively challenge the narrative being crafted by some that the figures should not be of concern to us. In November 2022, video footage emerged online with what appeared to be the extrajudicial killing of 24-year-old Terron Hewitt by members of the Jamaica Defence Force (JDF) in the vicinity of Central Kingston checkpoint on Laws Street. INDECOM indicated no firearm was reported as recovered at the scene or in possession of Mr Hewitt at the time. In March, there was the killing of 27-year-old Romario Sterling in Bog Walk, St Catherine. The video showed what appeared to be a man, with his hands on his head, being instructed to kneel before an explosion is heard. If that video footage was of Mr Sterling, as maintained by the family, it showed the deceased unarmed and seemingly compliant with police orders before what sounds like gunfire is heard. What of those matters? The wheels of justice is turning slowly for these families.

To be clear, there have been improvements over the past decade and half in the state’s response to killings by law enforcement. However, we should never bury our heads in the sand saying that crime is high and therefore there is some justification for the increased numbers being seen. Demanding that the JCF and the JDF maintain professionalism and a respect for human rights should never be seen as a ‘beat down’ on the dedicated men and women in the force. Rather, it is for us to remove those who undermine the reputation of these necessary institutions.

The reality is that trust levels of security officers are low in some communities, even as we recognize the improvements. In 2023, respondents were asked to what extent they trusted the national police in the LAPOP survey, where half of Jamaicans distrust the police within their communities, compared to the 35 per cent trusting them. At the national levels, one in four Jamaicans trusted the police.

In early 2023, JFJ did a survey among 1213 citizens in communities where states of public emergency have been declared. The findings found that 55 per cent of respondents do not trust the police at all, compared to 40 per cent not trusting the soldiers; 27 per cent trust the soldiers a lot to a great extent compared to 13 per cent of the police. Notably, while this is not at the national level, it is still instructive as these are the communities within which improved citizen-police relations is needed. In fact, the distrust levels align with the LAPOP survey findings.

Nevertheless, while reforming the image of the police is undeniably important for building citizen trust, we must not allow the pursuit of positive public relations to overshadow our commitment to accountability. It is vital to address and remove the few ‘bad apples’ within the JCF and JDF, ensuring that all officers uphold the highest standards of conduct.

BODY WORN CAMERAS AND POLICE ACCOUNTABILITY

Despite over a decade of discussions and monies spent, the government has failed to implement a sufficient rollout of body-worn cameras. The recent comments made by the Minister of National Security, Dr Horace Chang, regarding the perceived limited value of body-worn cameras raise significant concerns about the essence of accountability within law enforcement. The prime minister of Jamaica must also indicate whether Dr Chang’s comments is a reflection of his government’s position on body-worn cameras and whether this view has contributed, in part, towards the lethargic rollout of the cameras.

The technology, while not a panacea, was meant to serve as a window into arrests, stop-and-search incidents, or other situations where police interact with the public, but that transparency has remained elusive. There are reportedly under 400 cameras deployed across some 18 divisions. If officers are determined not to turn them on, or INDECOM is not receiving the footage, then what does accountability truly mean in the face of police violence?

Politicians must transcend superficial rhetoric that merely echoes a tough-on-crime stance and instead advocate for robust legislation and mechanisms that ensure police accountability.

While the updated 2021 JCF Management of Body Worn Camera Policy Standard Operating Procedures (SOP) has several improved provisions, including recognition of the Data Protection Act, there are some areas that need strengthening. The language in the SOP, for example, suggests a discretionary provision where footage may be handed over to INDECOM with-out clearly indicating what are the exceptions to the rule should such possibility arise.

The main challenge with the SOP is that of compliance and holding officers to account if they are not adherent. The SOP mentions that breach of protocol may subject officers to disciplinary actions. What are those actions? How is the appropriate disciplinary action determined? Officers should be mandated to not only wear but activate the cameras and if they don’t, reasonable explanations must be provided.

While there are different policies governing use of force, which are commendable, the long-promised Police Service Act should be prioritized by the national security minister. This Act should reflect a modern human rights approach to policing and greater accountability provisions.

Mickel Jackson is the executive director of Jamaicans for Justice. Send feedback to columns@gleanerjm.com and communications@jamaicansforjustice.org