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PRESS RELEASES & ANNOUNCEMENTS

June 19, 2008

Opposition to Detention of Persons for Extended Periods Without Charge

The Jamaican Bar Association registers its opposition to any new law to legalize the detention of persons for extended periods without charge. We affirm our commitment to the fundamental legal and constitutional principle that persons should only be deprived of their freedom on the basis of cogent evidence leading to reasonable suspicion that they have committed a crime. The law requires that such a person be charged and placed before the court forthwith or be released within forty-eight (48) hours.

The Jamaican Bar Association notes that in the experience of its members the illegal practice of extended detention or persons, for weeks and even months has been extensively engaged in by police officers over the years and that this has not stemmed crime. Experience has shown that it serves to alienate hundreds of young persons and their families from the legal system and endangers police relationship with inner-city communities and the programmes to obtain citizens' corporation in the fight against criminal violence.

We again call for the strengthening of investigative procedures and practices and better policing rather than the reinforcement of arbitrary practices that ultimately undermine respect for and confidence in law and authority.

The Jamaican Bar Association notes that there have been many reports and studies calling for improved policing, greater respect of citizens' rights and reform of the justice system as the basis for reducing crime.

We call on the government to revisit these studies carried out at great expense to the taxpayer and to implement the recommendations which we have no doubt will reduce crime, improve the justice system, reinforce the rule of law and lead to a safer and more civil society for all.

 

 

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