The Government is inviting members of the public to comment on the Draft Terms of Reference for the Commission of Enquiry into the events which took place in West Kingston during the State of Emergency in May 2010.
The discussion draft in part, states that the Commission shall enquire into and ascertain:
(a) the reasons and circumstances surrounding the declaration of a State of Emergency in Western Kingston and related areas in May 2010;
(b) the conduct of operations by the security forces of Jamaica into Tivoli Gardens and related areas during the State of Emergency in May 2010;
(c) what arrangements were made, and what precautions were taken to protect citizens in Tivoli Gardens and other affected areas from unnecessary injury or property damage during the law enforcement action in the state of Emergency;
(d) the circumstances under which civilians, police officers and soldiers of the Jamaica Defence Force were shot and killed or injured during May 2010 in connection with the security forces seeking to effect the arrest of Christopher ‘Dudus’ Coke on a provisional warrant for extradition proceedings;
(e) the circumstances under which state officials and law enforcement officers came under gunfire attacks during the month of May 2012 in incidents connected to the attempts by law enforcement officers of Jamaica to arrest Christopher ‘Dudus Coke;
(f) the conduct of persons in affected communities, particularly Tivoli Gardens, including the circumstances where embattlements and barriers were unlawfully set up in Tivoli Gardens to restrict ingress and egress of law enforcement officers or to prevent the arrest of Christopher ‘Dudus’ Coke;
(g) the circumstances under which, and by whom several Police Stations and other state property, including police or military vehicles were attacked and damaged or destroyed by firebombs, gunfire or other means during or around the period of the State of Emergency declared in May 2010;
(h) the circumstances concerning the retrieval of firearms and other munitions in Western Kingston or any related or affected areas during or around the period of the State of Emergency declared in May 2010;
(i) the allegations that persons were especially armed to repel any law enforcement effort to capture the fugitive Christopher ‘Dudus’ Coke, and if so by whom;
(j) whether there was any direct link or indirect communication between the fugitive Christopher ‘Dudus’ Coke and Jamaican Government officials, and if so, by which Officials, by what means or for what purpose;
(k) the circumstances under which the fugitive Christopher ‘Dudus’ Coke managed to elude arrest and the circumstances of his capture;
(l) the circumstances under which, and by whom private property was damaged or destroyed during or around the period of the State of Emergency declared in May 2010;
(m) whether the rights of any person or persons were violated in any of the affected or related communities by either law enforcement officers or by anyone else;
(n) the monies and other benefits paid and provided by the State to residents in West Kingston after the events of May 2010 in connection with those events, the manner in which such monies and other benefits were distributed, and the amounts and recipients of such monies and other benefits.
Comments should be submitted in writing by Friday, June 21, 2013, and addressed as follows:
Comments on the Discussion Draft of the Terms of Reference for the Commission of Enquiry into the May 2010 Events in West Kingston
c/o The Ministry of Justice
NCB South Tower, 11th Floor
Kingston 5, Jamaica
The draft document can be found on the Ministry of Justice website at: www.moj.gov.jm.