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. 2

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