Indecom continues advocacy for use of body-worn cameras
THE Independent Commission of Investigations (Indecom) has reiterated its call for the Jamaica Constabulary Force (JCF) to introduce the use of body-worn cameras to ensure transparency and accountability, especially in relation to police shootings and excessive use of force.
The recommendation is contained in the commission’s fourth-quarter report for 2022, tabled in Parliament on Tuesday, which noted that nearly all security force accounts of shooting incidents report that either a firearm, or other deadly weapon, was present, or suspected to be present at the time of the incident, and the use of deadly force was necessary to protect that officer, or another, from death or serious harm.
“Such accounts can, of course, explain and justify the use of deadly force, however, the repeated testimony from numerous injured persons, witnesses, forensic recovery and closed circuit television (CCTV) evidence, frequently indicate a different account,” the report said.
The commission said that the absence of a recovered firearm, or other weapon, continues to remain a troubling feature of both fatal and non-fatal shooting incidents “and can only contribute to the perception of excessive or disproportionate use of force being utilised, when other tactics could be considered and deployed – particularly, where no firearm is reported as present. “This issue creates community distrust in the police service and does little to lessen the significant concerns, frequently expressed, of excessive use of force being deployed against unarmed persons,” the document read.
The Commission noted, therefore, that the use of body-worn cameras across the force “is an essential requirement and requires urgent implementation”, pointing out that such equipment can only enhance the evidence-gathering process across the spectrum of policing operations, allay public concerns of alleged abuses, ensure security for police officers, support traffic enforcement breaches and change the policing landscape with regard to police civilian encounters and reported police shooting encounters.
The report further outlined that during 2022, the JCF accounted for the greatest number of fatal shooting incidents among Jamaica’s security forces, with officers being responsible for over 120 of the total of 134 fatalities for the period. There was a total of 229 fatal and non-fatal shooting incidents in 2022.
On the issue of the recovery of weapons during security force shootings, the report noted that of the 137 or 60 per cent of people who were shot (and killed or injured), a firearm or other weapon type was reportedly recovered. “From that number, 101 had a firearm recovered from them and 36 people had a weapon, other than a firearm, recovered from them – the majority of which were bladed weapons,” it said.
Further, there were 92 or 40 per cent of persons who were shot, (and killed or injured), from whom no weapon, of any type, was recovered.
“This recurring feature of the ‘absent firearm’ or other weapon type not being recovered, in security force encounters, remains to be addressed,” the commission said.
It noted that over the three-year period, 2020-2022, of the 255 people shot and injured, 159 of them did not have any firearm or other weapon recovered from them – some 65 per cent.
“It is of note that, in the majority of cases where the shooting victim survives, no weapon is recovered, whereas if they are fatally wounded, a weapon is recovered,” the report further stated.
Pointing to an analysis of the 10 persons who were shot and injured in 2022, and reportedly found with a firearm, the commission said it showed that only one person admitted he had a firearm. “Whilst this is, perhaps, unsurprising, it is a feature which is repeatedly expressed,” it said.
It said that among the number of persons shot and injured, two men were mental health sufferers, one of whom was not charged, and the other had his case for possession of a firearm dismissed at trial. All the others deny the accusation that they had a firearm or fired at the security forces, some of whom await trial.
“A recently observable feature is the number of trials of persons accused by officers of firearm possession being dismissed by the courts. This is an issue which would be further remedied by the deployment of Body Worn Cameras for all operational officers, and from which independent evidence could be secured to satisfy the courts and allay the doubts as to the veracity of the security force evidence,” the commission argued.