JFJ tackles Prime Minister on Cherry Tree Lane vow
Rights group says declaration that killers must ‘meet a judge or their maker’ dangerous
Rights group Jamaicans For Justice (JFJ) says Prime Minister Andrew Holness’s declaration that the killers responsible for Sunday’s “act of terrorism” in Cherry Tree Lane, Clarendon, must either “meet a judge or meet their maker” amounts to “State badness” and could serve as encouragement for vigilante killings by incensed citizens.
Instead, the watchdog group, in extending condolence to the grieving community, says the prime minister “must focus on solutions that promote safety without compromising the integrity of our justice system”.
“The indiscriminate nature of this violence is not only alarming but also devastating, especially with the heartbreaking loss of a precious seven-year-old child. Such senseless and heartless acts of violence shake the very foundation of our communities and challenge our collective sense of safety and security…we believe that it is imperative for the Government to prioritise the implementation of effective security measures and legislative frameworks that address the root causes of crime. This includes tackling the rampant influx of illegal firearms into our communities and ensuring that contraband does not infiltrate our prison systems,” JFJ’s Executive Director Mickel Jackson told the Jamaica Observer on Tuesday.
According to Jackson, the prime minister’s remark has “dangerous undertones, given the implications of such statements on the rule of law and public safety”.
“By suggesting that individuals must face the court or their makers, there is a risk of inciting a culture of violence and retribution, undermining the very principles of justice that we, as a society, hold dear. This rhetoric not only threatens to escalate tensions but may also embolden individuals to take the law into their own hands, further complicating the already precarious situation that law enforcement agencies are trying to manage. By suggesting that everyone involved in this incident ‘will be brought to justice in whatever form the justice is visited upon them’, the PM is uttering what can only be described as State badness. It may sound good and tough, but in an environment where police fatal shootings have increased without use of body-worn cameras, greater sense of discernment is needed from the prime minister,” she said further.
The attack carried out by men armed with high-powered rifles aboard a white motor car at 8:45 pm Sunday disrupted birthday celebrations being held by a 31-year-old bar owner for her boyfriend, a 23-year-old mechanic from the area. After the shooting ended, it was discovered that eight individuals had been killed and nine others injured. Amongst the casualties lay a seven-year-old boy, while a baby of one year and eight months was injured.
The prime minister, at an emergency press briefing at Jamaica House on Monday morning, after a meeting of the National Security Council, in declaring a “total assault on gangs” across the island, pledged that the “Government will use this opportunity to deal with the gangs once and for all”.
Declaring that Jamaica has “played with gangs for far too long”, Holness said, “We will not treat this as another criminal act; we will treat this as an act of terror. Therefore, we have given directions to the security forces to launch an all-out assault on the gangs that are involved.”
“Operationally, they must go after every single gang… today, every gang leader should tek weh demself. The security forces have now been given a directive, after our National Security Council meeting: Go after every single gang — and erode them,” the prime minister said grimly.
However, JFJ is urging a hand-in-glove approach.
“We urge the prime minister to focus on solutions that promote safety without compromising the integrity of our justice system,” Jackson said.
“We recognise the complexities of the issues at hand, but it is crucial that our leaders engage in dialogue that fosters accountability, transparency, and respect for human rights. We stand ready to collaborate with the Government and other stakeholders to develop concrete strategies that enhance public safety and uphold the rule of law,” she added.
Jackson said while JFJ welcomed the curfew measures announced by the Jamaica Constabulary Force to restore a sense of safety and prevent potential reprisals, there was need for systemic changes that address the root causes of violence in the society.
“We, therefore, call upon the prime minister to shift the focus from rhetoric to action. It is essential to provide the public with a clear and actionable update on the Enhanced Security Measures Act (ESMA) that we hope will respond to both crime prevention and control without undermining civil liberties,” Jackson argued.
She said Holness, in the meantime, “must provide a clear position on why there is this seemingly piecemeal approach to legislative reform, given the announcement of again reviewing the recently enacted Firearms Act and recently amended anti-gang legislation”.
“I ask, how will the definition of ‘domestic terrorism’ fit within existing and proposed legislation? Or would it be in the proposed ESMA? Importantly, how will that definition tackle gang crime different from the existing legislation? The PM must offer sound, well-thought-out plans rather than public utterances when these unfortunate incidents occur,” Jackson said.
“This proposed ‘terrorist’ definition and accompanying legislation should not endeavour to utilise any measure that would seek to detain people indefinitely or restrict their movement without charge, based on suspicion, without a trial for any extended period. Well-thought-out legislative actions are needed, grounded in evidence,” she added.
As to the grieving families, Jackson said, “In these trying times, the emotional toll on the community cannot be understated. We recognise the importance of mental health resources and we commend the counselling services being provided to the families and children from the affected schools. However, we urge the State to extend these efforts to include group counselling and comprehensive support for all who may be indirectly impacted by this tragedy. The ripple effects of such violence can be profound, and it is crucial that we come together to heal as a community.”
The prime minister, in one of several posts to his social media account on Monday, said he was ensuring that “all the resources necessary from the State — whether financing, international cooperation, legislative support — will be made available to the security forces to pursue this relentlessly. They must either meet the judge or meet their maker, whichever they choose”.