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PART 1
PRECAUTIONS TAKEN TO PROTECT CITIZENS
7.4.
The measures adopted to protect citizens, according to the
evidence adduced before us, were of three types and were applied during three
stages of the entire process, viz.
(a)
before the armed confrontation on 24 May;
(b)
during the period of confrontation; and
(c)
during the period of pacification.
The first set of measures was mainly for the purpose of avoiding violence and to
maintain control. The second set, taken during the operation, may be described
as measures aimed at reducing harm and were built into the design of the
operation. The third set of measures was in the nature of palliatives, taken after
the security forces gained control of the area of operations.
(A) MEASURES TAKEN PRIOR TO 24 MAY
7.5.
Under this head, we review the evidence of former Prime Minister
Golding, the Heads of the security forces and certain non-State actors.
Legal Framework for the Operation
7.6.
As early as 11 January 2010, the JCF’s plan for Operation Keywest
at page 1 included a provision for “imposition of a limited State of Emergency”.
CoP Ellington told us that when he and CDS Saunders briefed the Cabinet on
23 May about the deteriorating situation in West Kingston, they sought and
obtained approval for a limited State of Emergency covering Kingston and
St. Andrew.
7.7.
The political directorate therefore made a decision to restrict the
internal security operation to certain narrow, geographical confines. Former
Attorney General, Ms. Dorothy Lightbourne, stated that she scrutinised the
relevant Regulations governing the State of Emergency to ensure that they were
“not more stringent than necessary.” She said –