Country Situations > Jamaica

Jamaica: Visits & Communications

Country Visits

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, then Asma Jahangir, visited Jamaica in February 2003. The report on this visit is E/CN.4/2005/7/Add.2, and the follow-up report concerning implementation of its recommendations is E/CN.4/2006/53/Add.2.

Correspondence from 2007

The record of correspondence for 2007 is excerpted from the official United Nations report, A/HRC/4/20/Add.1.

Jamaica: Murder of Lenford “Steve” Harvey

Violation alleged: Impunity

Subject(s) of appeal: 1 male (human rights defender)

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of Jamaica has failed to cooperate with the mandate that he has been given by the General Assembly and the Commission on Human Rights.

Letter of allegation dated 9 December 2005 sent with the Special Representative of the Secretary-General on the situation of human rights defenders

I would like to draw the attention of your Government to information I have received concerning Lenford ‘Steve’ Harvey, Jamaica Aids Support for Life, an organization dedicated to preserving the dignity and rights of persons living with HIV/AIDS and providing education on related issues.

According to the information received, on 30 November 2005, at approximately 1:00 am, at least four assailants forcibly entered the home of Lenford Steve Harvey. They reportedly tied him up, along with two other persons in the residence, and stole a number of possessions. They then abducted Lenford Steve Harvey and took him away in his company car. His body was found in a rural area miles from his home with gunshot wounds in his back and head.

Grave concern is expressed that the killing of Lenford Steve Harvey was related to his human rights work for Jamaica Aids Support for Life and his work for marginalized people and people living with HIV/AIDS in Jamaica and the Caribbean.

While I do not wish to prejudge the accuracy of these allegations, I would like to refer Your Excellency's Government to the fundamental principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and in particular articles 1 and 2 which state that everyone has the right individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” and that “each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice”.

Furthermore, I would like to bring your Excellency’s attention to the following provisions, and in particular:

“- article 12 paras 2 and 3 of the Declaration which provide that the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the Declaration. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms.”

I urge your Government to take all necessary measures to guarantee that the rights and freedoms of the aforementioned person are respected and accountability of any person guilty of the alleged violations ensured. I also request that your Government adopts effective measures to prevent the recurrence of these acts.

Moreover, it is my responsibility under the mandate provided to me by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all cases brought to my attention. Since I am expected to report on these cases to the Commission, I would be grateful for your cooperation and your observations on the following matters:

1. Are the facts alleged in the above summary of the case accurate?

2. Has a complaint been lodged?

3. Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries which may have been carried out in relation to this case. If no inquiries have taken place or if they have been inconclusive please explain why.

4. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

5. Please indicate whether compensation has been provided to the victim or the family of the victim.

Jamaica: Killing of Gayon Alcott and Sandra Sewell

Violation alleged: Deaths due to attacks or killings by law enforcement officials

Subject(s) of appeal: 1 male; 1 female

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur appreciated the preliminary information provided by the Government of Jamaica in response to his earlier communication, but he regrets that the Government has not provided the results of its investigations into the deaths of Gayon Alcott and Sandra Sewell.

Follow-up letter dated 17 October 2006 (to a letter of allegation sent on 16 November 2004)

I would like to draw your Excellency’s attention to our correspondence, (reflected in my report to the Commission on Human Rights E/CN.4/2006/53/Add.1 p. 136-137), relating to the killing by law enforcement officials of M. Gayon Alcott and Ms. Sandra Sewell. In its response, your Excellency Government informed that investigations were being carried out by the Bureau of Special Investigations of the Jamaica Constabulary force and the Police Public Complaints authority.

As further indicated in my observations, I would be grateful if your Government could provide me with information relating to the results of the above mentioned investigation. I would also like to know if any penal or disciplinary sanctions were imposed and if any compensation was provided to the families of M. Alcott and Ms. Sewell.

Correspondence from 2006

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Correspondence from 2005

The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.

Country: Jamaica

Type, date and summary of communication: Urgent appeal, sent with Special Representative of the Secretary General on the situation of human rights defenders, 11 March 2004: On 2 March 2004, in Burnt Savannah, three young men, “Evon “Phil” Baker, aged 21, Craig Vascianna, aged 22 and Omar “Ted” Graham, aged 23, were killed by police who claimed that they acted in self-defence. Although the police claimed to have recovered one handgun and one sawn-off shotgun from the scene no police officers were reportedly injured in the incident. Members of the community of Burnt Savannah vigorously dispute the police’s version. According to a witness known as “Zepheniah”, the three men were all shot at point blank range by the police. A policeman known as Clarke reportedly told Ted, the taxi driver who had witnessed the other two killings, that they had to kill him as well since he was a witness. He was shot twice by another police officer. Another witness reported that the police officers then placed the guns subsequently found on the three men at the scene of the crime. Reports indicate that witnesses of the killings who later went to the Frome police station were all threatened by police and were afraid to give further statements. Indeed, “Zepheniah” was threatened to death by a policeman bearing a badge no. 20998 when he went to the police station with a crowd of people from his community who had demonstrated about the killings. Another policeman allegedly wielded his gun on a close relative of one of the deceased as if he wanted to shoot him. A Superintendent was reportedly present but allegedly did nothing about the policeman's action. According to the information received, the policeman known as Clarke mentioned that he had eight men on his death list in Burnt Savannah. It is further believed that, when the alleged killings occurred on 2 March 2004, Clarke actually wanted to eliminate a key witness in a murder case that had been brought against him in December 2003. In view of the alleged killings and of the threats received, it was expressed that witnesses feared for their safety and lives.

Government reply: No response.

Country: Jamaica

Type, date and summary of communication: Allegation, 22 September 2004: Mr. Brian Williamson, a 59-year-old prominent gay rights activist, was brutally murdered at his home on 9 June 2004. According to the information received, a suspect was detained in connection with the case and an identity parade later held at the Half Way Tree police station. It is however reported that the individuals in the identification parade were wearing towels on their head and white cream on their faces, making them almost unrecognizable. Concern has been expressed that there has not yet been fair, effective and adequate investigation into this incident.

Mr. Victor Jarrett was reportedly chopped, stabbed and stoned to death by Montego Bay residents on 18 June 2004. It is alleged that the police participated in this incident, first beating Mr. Jarrett with batons and then urging others to beat him because he was a homosexual. According to the information received, such attacks are not isolated as the police generally do not respond adequately to incidents of violence against gay men or men suspected of homosexual conduct.

Government reply: No response

Country: Jamaica

Type, date and summary of communication: Allegation, 16 November 2004: On 19 September 2004, members of the Jamaican Defence Force allegedly killed Sandra Sewell and Gayon Alcott (aged 20) in August Town, St. Andrew. According to the information received, soldiers approached Mr. Alcott because he was smoking marijuana and shot him in the stomach. As he attempted to flee the soldiers shot him again. Another soldier reportedly shot Sandra Sewell in the back as she sought protection from the gunfire. The autopsy reveals that Sandra Sewell and Gayon Alcott were shot from a military weapon. These killings took place during a one month state of emergency declared on 10 September 2004 in reaction to the approaching hurricane "Ivan".

Government reply: No response.

Correspondence from 2004

The record of correspondence for 2004 is excerpted from the official United Nations report, E/CN.4/2004/7/Add.1.

Urgent appeal

On 22 May 2003, the Special Rapporteur sent a communication in connection with information regarding alleged police harassment and threats against the community of Crawle in Clarendon, Jamaica, following what appeared to be the extrajudicial execution of four persons on 7 May 2003. The police allegedly arrived that day in an unmarked white bus with tinted windows and drove past the house of the deceased. They reportedly returned a short time later and came to a sudden halt. The police then allegedly came out and began firing wildly at everybody in the yard. The police reportedly shot and killed Kirk Gordon and Matthew James before dragging their bodies into the yard. The officers reportedly went into the house where Angela Richards, Lewena Thompson and her 8-year-old daughter were hiding. The daughter was reportedly removed from her mother’s arms and told to wait outside. Shots were reportedly heard, after which he police later removed four bodies from the house. All four were reportedly pronounced dead upon arrival at hospital. The police reportedly removed what appeared to be guns from the bus and placed them in the house. The Commissioner of Police, however, publicly denied that the guns were planted by the police officers. In a police statement, officers of the Crime Management Unit claimed to have gone to a house in Crawle to arrest wanted persons. Upon approaching the house, the police claim to have come under gunfire, which they returned. Since then, police officers reportedly constantly visited the community in unmarked vehicles in an effort to intimidate its inhabitants as several eyewitnesses to the killings reportedly stated that they were only willing to testify if their safety could be guaranteed.

Communication received

By letter dated 7 July 2003, the Government of Jamaica transmitted its response to the communication sent on 22 May 2003 by the Special Rapporteur regarding the incident at Crawle. The Government reported that all police personnel involved in the operation were removed from frontline duties effective 8 May 2003. On 8 May 2003 teams from the Bureau of Special Investigations Office of Professional Responsibility and the Independent Police Public Complaints Authority began preliminary investigations into the incident and the allegations arising therefrom.

The Government further indicated that, consistent with its commitment to accountability and transparency, it sought and obtained international assistance to help in the investigations as follows: meetings were initiated by Jamaica with British Metropolitan Police Chief Sir John Stevens, representatives of the United States Federal Bureau of Investigation and the Royal Canadian Mounted Police. Arising out of these meetings, a team of overseas investigators visited the country to conduct investigations. Upon departing, they took with them evidence for forensic analysis. On the recommendation of the team of overseas investigators, a management committee, including a member of civil society, was appointed to supervise the investigations. Detectives from the Metropolitan Police Service ard were assisting in the ballistics aspects of the investigation and that the United States Bureau of Alcohol, Tobacco, Firearms and Explosives was providing assistance in tracing the original owners of the guns that were found on the scene. Moreover, the Government indicated that British Pathologist Professor Derrick Pounder attended the autopsy as an independent observer. Upon completion of the investigations, detailed reports would be submitted to the competent authorities with responsibility for administrative and judicial review or trial. According to the Government, counselling was provided to all police personnel involved in the incident and the Victim Support Unit of the Ministry of Justice implemented a programme to assist children who were experiencing post-traumatic stress disorders as a result of the shooting. With regard to allegations of police harassment and intimidation of residents, the Government reported that investigations had found these to be unsubstantiated. It was further reported that no final statement could be made concerning the veracity of the allegations of torture, intimidation and harassment, among others, before the administrative and judicial processes had been exhausted.

Correspondence from 2003

The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.

Urgent appeals

On 21 December 2001, the Special Rapporteur sent an urgent appeal to the Government of Jamaica regarding threats by the police against Katchroy McLeish. According to the information received, Mr. McLeish was shot at in February 2002 as he watched police officers shooting at another man who was passing on a bicycle. It is reported that a passer-by attempted to take him to hospital, but the police tried to stop him at gunpoint. In hospital, he was reportedly kept in handcuffs and charged with shooting with intent. When a magistrate dismissed these charges, the police then charged him with shooting with intent and illegal possession of a firearm. The case was adjourned four times as the police failed to appear in court. When they finally did come to court, on 24 October 2002, the prosecution reportedly withdrew its case unconditionally. After this incident it is reported that Mr. McLeish pursued a civil action against the security forces: two soldiers and a policeman are currently on trial in connection with the shooting, reportedly charged with unlawful wounding. According to the information received, on 17 December 2001, as Mr. McLeish was out cycling, a policeman pointed at him and said to a fellow officer, “This is the one my colleague shot. You're dead. Your time will be up soon”. Mr. McLeish reported this threat to the police authorities who reportedly told him that the officer concerned would receive a warning.

On 17 April 2002, the Special Rapporteur, jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention and Special Rapporteur on torture, sent an urgent appeal to the Government of Jamaica relating to Kaydeen Brown, a 19-year-old pregnant woman, Ian Mundel, Jermaine Wilson, “Copper” and other residents of Duhaney Park, Kingston. According to the information received, police and soldiers cordoned off the Duhaney Park district of the capital, Kingston, on 9 April 2002 and raided a number of homes, killing a resident, Michael Scarlett, in an alleged extrajudicial execution. The Hunts Bay police are said, however, to have claimed that they had shot him after he had opened fire on them. They reportedly beat and arrested Kaydeen Brown, Michael Sacrlett’s girlfriend, and charged her with possession of firearms, in an alleged attempt to intimidate her so that she does not testify about the killing. Ms. Brown was said to be held in incommunicado detention at Metcalf Remand Centre in Kingston, where she was believed not to have been allowed any medical attention, or access to legal assistance or her family. The police are furthermore said to have arrested other residents, namely Ian Mundel, Jermaine Wilson and a man known by the name of "Copper". The arrests are believed to be in retaliation for the killing of 24-year-old police officer Basil Black, who was reportedly shot in the head when he responded to an emergency call in Duhaney Park on 6 April, and the wounding of his colleague, PC Kevon Chambers. The police have allegedly threatened to kill more people from the area. The head of the Crime Management Unit which had been initially set up to deal with serious crimes reportedly stated that he had not been to the area, despite video footage showing his presence. Serious fears have been expressed that there may be a risk to the life and health of the above-named persons and that they may be at risk of torture or other forms of ill-treatment, in particular with respect to Kaydeen Brown In view of the incommunicado nature of her detention and the alleged previous ill-treatment she was subjected to during her arrest.

On 26 July 2002, the Special Rapporteur jointly with the Special Rapporteur on torture sent an urgent appeal to the Government of Jamaica relating to Dave Beckford. According to information received, police have allegedly beaten and threatened Mr. Beckford, the brother of Reagon Beckford, who was allegedly killed by police officers in March 2001, in order to prevent his family from pursuing their quest for justice in relation to the death of their son. A Senior Superintendent, head of the Crime Management Unit, was reportedly due to give evidence at an inquest on 25 July 2002 in relation to the death of Reagon Beckford and six other youths killed by police on 14 March 2001 in an alleged extrajudicial execution. According to information received, on 23 July 2002, the Senior Superintendent and an estimated 30 other police officers, some of whom were attached to the Hundred Man Police Station, reportedly entered the home of the Beckford family and severely beat Dave Beckford up. According to information received, police also ransacked the house, destroying furniture. They allegedly requested that Dave Beckford report to the police station at 8 p.m. on 23 July, but no reason was reportedly given for the request and Dave Beckford was reportedly not informed of any pending charges.

Communications received

On 21 May 2001, the Government of Jamaica replied to an urgent appeal sent on 17 April 2002 by the Special Rapporteur jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on torture, relating to Kaydeen Brown, Ian Mundel, Jermaine Wilson, “Copper” and other residents of Duhaney Park. According to the Government, a police operation was conducted to search for wanted men and illegal weapons. During a duly authorized search of premises located on Brook Avenue, the police shot and injured Michael Scarlett, who was immediately taken to hospital but pronounced dead on arrival. Kaydeen Brown, spouse of the decease, was detained at the Duhaney police station and charged with illegal possession of firearms and ammunition. She was then remanded to the Metcafe Street remand centre. In an interview with the Bureau of Special Investigations, Ms. Brown denied being beaten or being removed naked from the home of the deceased. She was currently out on bail and was due to return to court on 24 May 2002. Although investigations into the allegations continue, there is no confirmation that Ian Mundel, Jermaine Wilson or “Copper” was arrested. The Government of Jamaica expressed concern about several incidents of deliberate criminal attacks against members of the police. The Government further recalled that it has always ensured that where there is credible evidence that police personnel have breached the law governing their conduct, they are brought to justice.

On 12 October 2001, the Government of Jamaica replied to a letter of allegation sent by the Special Rapporteur regarding outbursts of violence in West Kingston in July 2001. The Government reported that it has established a commission of inquiry for a thorough determination of the facts in accordance with its terms of reference, which were submitted to the Special Rapporteur. Although the Government has emphasized the urgency with which the commission had to work, it was not possible to predict with any certainty when they are likely to submit their report. With regard to the status of the persons who were detained, the Government reported that all detainees were relaeased within 48 hours in keeping with the regulations governing detention.

Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.