A/HRC/16/52/Add.3
Torture is not defined in criminal legislation in Jamaica, nor is Jamaica a party to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. This might explain why during the mission, the Special Rapporteur observed
that the term “torture” was not part of the Jamaican lexicon. However, its absence in the
law does not mean that it does not exist in practice.
The Special Rapporteur was encouraged by the fact that no death sentence has been
executed since 1988, but remains concerned about the rise in fatal shootings by the police,
which are often alleged to amount to extrajudicial killings, as well as the apparent lack of
investigation and accountability for those responsible.
In the light of the above, the Special Rapporteur recommends that the Government
of Jamaica implement fully its obligations under international human rights law. He urges
the Government to ratify the Convention against Torture and the Optional Protocol thereto.
Other recommended steps include ensuring prompt and thorough ex officio investigations
for all allegations of ill-treatment or excessive use of force; reducing the time limits for
police custody to 48 hours; establishing accessible and effective complaints mechanisms;
and the rapid bringing into force of the Independent Commission of Investigation. Children
in conflict with the law should be removed from adult detention facilities and clear
guidelines for punishments should be established. He also recommends the abolition of the
death penalty.
The Special Rapporteur recommends that relevant United Nations bodies, donor
Governments and development agencies consider the administration of justice as the
highest priority, in particular the fight against violent crime, policing and the penitentiary
system.
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