INDECOM boss pushes again for wearing of body cameras
over 3 years in Jamaica Observer
Commissioner of the Independent Commission of Investigations (INDECOM) Hugh Faulkner is again calling on the Government to make body worn cameras available and mandatory to members of the security forces.He said the widescale use of the devices would provide justice for members of the public and for members of the security forces who, from time to time, are accused of breaching the rights of citizens.He is also calling for closed-circuit television (CCTV) systems to be installed to cover common areas of security facilities such as the station yard, the guard room and passage ways where appropriate."The security forces are funded from the Consolidated Fund, so from that perspective I am urging the Government to ensure that adequate resources are provided. I am also asking from a budgetary point of view that the Government supports the forensics lab with the necessary resources. There has been an improvement in terms of requests for post-mortems and other reports, but I know that they are hamstrung in terms of their ability to provide certificates and reports with regard to ballistics, chemistry and biology in a timely manner. So we are seeking some movement in that regard."He said that INDECOM is more important now than ever: "The constabulary force is clothed with the power of arrest which can interfere with your civil liberties. The security forces, of necessity, are armed with less lethal and lethal weapons. So it is necessary that in the discharge of their duties there is a forum that the citizens can turn, to make a report, confident that this body is independent, impartial and objective."INDECOM was formed in 2010 as the Government's response to howls of cries by Jamaican citizens of abuses by the security forces.INDECOM is a civilian staffed State agency tasked to undertake investigations concerning actions by members of the security forces and other agents of the State that result in death or injury to persons or the abuse of the rights of persons; and for connected matters. The members of the security forces and other agents of the State for which INDECOM provides oversight include: the Jamaica Constabulary Force (JCF); district constables; the Jamaica Defence Force (JDF) and correctional officers at the Department of Correctional Services (DCS).The organisation is headed by a commissioner, who is appointed by the governor general, after consultation with the prime minister and the leader of the Opposition, from persons of high integrity, who possess the qualifications to hold office as a judge of the Supreme Court of Judicature of Jamaica. The commissioner shall hold office for a period of five years and may be reappointed for periods not exceeding five years at a time. The commissioner is assisted by an assistant commissioner and directors of complaints who have responsibility for a region. The four regions are: Eastern (Kingston and St Andrew, Portland, St Thomas), South Eastern (St Catherine, St Mary, St Ann), Central (Manchester, Clarendon, St Elizabeth, St Ann) and Western (St Ann, Trelawny, St James, Hanover, Westmoreland).The INDECOM Act prescribes procedures for members of the public to make complaints to the commission regarding incidents of misconduct; and methods of handling complaints. Complaints made to INDECOM can be resolved by way of recommendations for: charge, disciplinary action, no charge or disciplinary action or recommendation for procedural changes. Complaints can also be resolved informally, on initial intervention by informal resolution or withdrawal.For many members of the public, particularly those within heavily policed communities, INDECOM is welcomed with open arms. But the agency is viewed with a heavy weight of scepticism and loathing by members of the security forces. But Faulkner says the situation is getting better."We meet with police high command and other stakeholders from time to time and the relationship is respectful and professional. We met last November and everything was cordial. There will always be pockets of challenges to INDECOM. Given the nature of our work, you will not always find agreement but I believe we are getting to a better place where there is less tension between the security forces and INDECOM. While we have no data to support where the relationship was and where it is now, we trust that a relationship guided by principles of respect will always show improvement.""INDECOM is of paramount importance to the citizens of Jamaica who have had an adverse contact with the security forces from their perspective. What is generally accepted is the thoroughness with which INDECOM approaches its tasks and INDECOM provides an independent oasis for the complainant to turn to, to have their matters enquired into," Faulkner said.In 2020 there were 1,098 complaints lodged by members of the public against the security forces, which was the highest in the organisation's history. In 2021 there were 1,059 complaints, the second time the agency was breaking the one thousand complaints threshold. "We are mindful that the figures may have been affected by the interactions between the security forces and the public due to the Disaster Risk Management Act (DRMA) provisions," Faulkner added."In 2021 we charged 19 members of the JCF and we currently have 93 officers before the courts for murder, manslaughter, assault, etc. We investigated 127 cases of fatal shootings which was a 10 per cent increase over 2020 when we had 115. The best year so far was 2019 with 86 fatal shootings, but 2018 had 137. In 2021 68 persons were shot and injured. In 2021 we released 764 commissions' reports which was a 15 per cent increase over 2020."Charges were recommended and the records show that 18 officers faced charges and disciplinary actions while 32 officers were recommended for disciplinary actions," he noted.What is the relationship between INDECOM and the public like? "I find that the public warms readily to INDECOM but from time to time it takes some persuasion to get persons to follow through with the reports. That pattern is manifestly apparent in the society. The public cooperates to the extent that more than 1,000 of them invest their trust in us to investigate their matters, but we must bear in mind some of the societal challenges that may prevent them from proceeding" Faulkner said.INDECOM does not hold the authority to arrest members of the security forces for alleged breaches of persons' rights and this was publicly ventilated by the body in a long-running court battle which was settled in the country's final appellate court, the Privy Council with a ruling that it should not hold such powers.Faulkner said the matter is a done deal and INDECOM would abide by the ruling. "Our highest court ruled on the matter and settled the interpretational matters regarding our powers and so we rely on the Director of Public Prosecutions (DPP) and the arrests are carried out by the law enforcement bodies. Currently the relation with the DPP is quite good and they are better equipped with the legal and other resources to handle the volume. If INDECOM were to be deployed with such duties, a number of other things would have to be done. We will be putting forward a vision for the second decade including human resources and technological needs. That will be provided to the parliament, so I can't say much more on the matter just yet."Faulkner has been at the helm of the body since July 2020. He was formerly head of the legal aid clinic. He said the job has been going well although its not been without its stresses. "As you would imagine, from time to time, you are interacting with a grieving family member where somebody has been injured or there is a loss of life and we are constantly dealing with a lot of grief. To that extent, we ensure our staff are constantly exposed to the wellness programmes to ensure that with this constant exposure to trauma, their own well-being is taken care of."Similar to what obtained when I was at legal aid, the public is relying on you to advance their cause and their narratives. So we have established a family liaison policy and an officer to ensure that families are kept abreast of their matters. INDECOM has achieved a lot but we found that that area needed an upgrade."When persons express satisfaction if their matter is pursued quite well that is quite good but there are times when persons have an expected outcome of a matter and may not get the result they desire but I find that the decisions are generally accepted," Faulkner said.