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(i) Determining the Date and Time of the Operation
7.65.
CDS Saunders told the Commission that he determined the date
and time of the operation i.e. 24 May at 11.00 a.m. In making those decisions,
he took into account the safety of civilians within the area of operations. 24 May
was a public holiday and he reasonably expected that schools and business
places would be closed. Consequently there would be less movement of children
and adults in and out of the area of operations. Vehicular traffic would be
reduced. CDS Saunders said:
“It was my decision not to launch an operation until we were
ready – In order to minimise injuries, it was decided not to
go at night….The fact that it was a holiday was also a
consideration because of the lack of activity in the
commercial area of downtown Kingston.”
(ii) Managing Movement of Population
7.66.
The security forces sought to control the movement of people in
the area of operations, to reduce the exposure of people to gunfire. The Forces
seemed concerned that women and children might willingly or unwillingly
obstruct the operation. DCP Hinds said –
“Women and children were specifically provided for…..They
are often used as human shields. I have seen it. I have
seen stations attacked with women in front.”
7.67.
Two other measures were taken to control the movement of
persons, viz. the use of mortars and forced evacuations and detentions.
(iii) Mortars
7.68.
Mortars were fired during the operation. CDS Saunders told us “It
was my decision to use mortars”. He gave reasons for the use of mortars in his
evidence-in-chief:
“There was a need to keep women and children behind
doors. Experience had shown that they were used as