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By Lorraine Mendez
The government has again come under scrutiny for its continued use of States of Public Emergency (commonly called SOEs) as a crime fighting tool.
The Inter-American Commission on Human Rights (IACHR) on Thursday became the latest body to express concern over the administration's use of SOEs.
In a media release, the IACHR called for the Jamaican government to ensure measures used to fight and prevent crime are implemented in accordance with international human rights standards.
The Commission said it notes the declaration of a State of Public Emergency for Clarendon last month, in response to a gun attack at Cherry Tree Lane in the parish, during which eight people were killed and nine others wounded.
It said given the sweeping powers granted to members of the security forces during an SOE, including warrantless searches, arrest and detention, states should justify its reasonableness, necessity, and proportionality in the context of the emergency.
According to the IACHR, in its annual report, it has continuously expressed concern over Jamaica's reliance on SOEs, arguing that the use of the measure should be exceptional and limited in scope and duration.
It added that Jamaica must abide by its international obligations which establish requirements and limits for adopting such exceptional mechanisms for suspending the rights and guarantees protected by the American Convention on Human Rights.
The IACHR cautioned that these measures should not be made part of the country's permanent security policy. Instead, it said Jamaica should address the causes and consequences of crime from a comprehensive and inter-sectoral perspective.
The rolling use of SOEs has become a point of contention between the government and the parliamentary opposition, with the opposition asking the courts to rule on the legality of the government's repeated use of the measure.
Prime Minister Andrew Holness has said the government will continue to use the measure until the courts declare otherwise.
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