INDECOM: Tell us about prolonged detention

Members of the public are being urged to advise the Independent Commission of Investigations (INDECOM) of any instance in which persons are detained by the police longer then three days without charge.

INDECOM Commissioner Terrence Williams (pictured) told reporters yesterday that his office does not have the resources to duplicate the role of resident magistrates in visiting police lock-ups in a bid to determine whether persons are being held longer than the period provided in law.

He said, however, that his office stands ready to investigate instances of abuse of state power, including that of unlawful detention.

“Friends and family of those in custody should feel no reluctance to come to INDECOM and make a report,” Williams said.

“If that report is made to us, we will either investigate it personally or find out why there was a breakdown.”

Justice Minister Delroy Chuck last week said the newly constituted state body should step up and protect the rights of citizens in the event the police abuse rights under the Constabulary Force (Interim Provisions for Arrest and Detention) Act, 2010. The act, which has been extended until July next year, gives the police the right to detain persons without charge for up to three days.

He added: “INDECOM can come in once it is felt there is an abuse of power. And not only that, the criminal justice board has a duty to inspect these jails on a regular basis.”

Resident magistrates have a responsibility to check police lock-ups to ascertain whether persons are being held in custody longer than the law stipulate.

Williams said such inspection is “perhaps the most practical oversight” as his office does not have the resources to perform that task.

Opposition Spokesman on National Security Peter Bunting read out police statistics in Parliament which show detainees are being held for between five and 12 days before being charged. Bunting also said the statistics point to one man being detained for 42 days without being charged.

Source: The Gleaner

“I am going to call on the Independent Commission of Investigations to be particularly vigilant in the operations of this act so that if persons during an operation are detained, the police must give reasons why the person is detained beyond 24 hours,” Chuck said.