JAMAICA | PNP Reacts to the Re-imposition of States of Emergency in Eight Parishes

MONTEGO BAY, December 6, 2022 - With today’s declaration of another State of Emergency (SOE) by prime minister Andrew Holness in several parishes islandwide, the Opposition PNP is lamenting that there was no consultation by the prime minister prior to his decision and that SOEs are just about detention which is not a sustainable strategy for reducing violent crime.

“This clearly shows once again that the Government has no regard for the Opposition. Mr Holness prefers to be wrong and strong, pressing on with his SOE policy. His behaviour indicates that he really does not want our support, no doubt believing that it is to his political advantage for the Government and Opposition to continue to be at odds over this issue,” says Opposition Leader Mark Golding.

In a statement today, the Opposition Leader said “We do not see the use of SOEs as a policing tool as a sustainable path forward for Jamaica. Putting the majority of Jamaicans at risk of being

detained for extended periods by police or soldiers without charge, is no way to address Jamaica’s long standing challenging problem of criminal violence.”

“Many lives of lawful young Jamaicans have been disrupted and irreparably damaged by being held in detention without charge for long periods, sometimes well in excess of a year, with a loss of their jobs and the stigma of being treated like common criminals,” Golding lamented.

According to the Opposition Leader, “SOEs are just about detention. But detention is not a sustainable strategy for reducing violent crime. Detention does not involve proper police work –

there is no investigation, case preparation, effective prosecution and conviction in a court of law. SOEs therefore encourage sloppy law enforcement practices, because anyone can be held and kept in custody without the police having to bring a case to court to hold the criminals accountable and make them pay for their wrongs.”

“We do not believe that this repeated use of the SOEs is lawful. It subverts the basic scheme of our Constitution, by allowing the Government to suspend the basic rights of the people in circumstances where it is not clearly justified by an immediate threat to our democratic system of government.

The PNP leader went on to take issue with the SOE Regulations because they are excessive and easily abused:

The Regulations make a criminal offence, punishable by months of imprisonment, if you do not answer any questions a police officer or soldier may put to you in a SOE area;

• The Regulations make a criminal offence, punishable by months of imprisonment, if you use “abusive language” in a SOE area;
• The Regulations make a criminal offence, punishable by months of imprisonment, if a spouse, parent or child do not to inform a police officer or soldier of any contravention of the SOE regulations by their loved ones;
• The Regulations allow “photographs, descriptions, measurements and fingerprints” under the Fingerprints Act and the DNA Evidence Act to be taken from anyone who has been detained without charge under the SOE, and there is no provision for that person’s private biometric information to be destroyed in the event that the detainee is subsequently released without charge.

These are laws more like a fascist dictatorship, then a proud democracy which respects the basic rights and freedoms of our people.

“The PNP is of the view that a strong security presence should be maintained in communities that are facing high levels of violence. The use of the soldiers and police in this way is permitted by our normal laws, and does not require a SOE,” the Opposition Leader informed.

States of Public Emergency (SOEs) have been declared in the parishes of St. Ann, Clarendon, St. Catherine, specified areas in Kingston and St. Andrew, St. James, Westmoreland and Hanover.

“Since the end of the last SOE, we have seen, unfortunately, an increase in criminal activities in these areas and, indeed, a threat to property and in some instances public disorder,” he said.

He noted that the security measure is also aimed at protecting lives and property during the Christmas period.

“This will be the first Christmas season since the ending of the Disaster Risk Management Act (DRMA) [which imposed COVID-19 restrictions] and already we are seeing and projecting an increase in activities, including entertainment and commercial [events].

“We are already seeing a demand, a stretch on the resources, and we have to guarantee our citizens that they will be able to go about their business in a safe and secure manner,” he said.

SOEs were previously imposed in several of the areas on November 15 but ended on November 29 after the resolutions to facilitate the extensions failed to achieve a two-thirds majority in the Senate.

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