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whereas Ms. Darby’s case illustrates the view that it was happenstance
that caused her to receive attention from the JDF. Were it not for the
fact that she had familial contacts who were able to communicate with
a soldier in the area of operation, she might never have received
medical attention.
7.90.
In our view, three conditions were required to give real
meaning and expression to the planned provision of emergency
medical services:
(a)
provision of a special ambulance service;
(b)
ensuring the unimpeded movement of ambulances through safe
corridors; and
(c)
a system for receiving and responding to emergency
requests from citizens. It does not appear, from the evidence adduced,
that these three conditions were satisfied.
7.91.
The first was met in full in that the JDF provided two
ambulances. The second was met in part in so far as ambulances
seemed to have unimpeded access at times. The third condition does
not appear to have been met although we are satisfied that there were
trained medical personnel on the ground during the operation. What
appears to have been lacking was a developed and coordinated system.
PART 4
(D)
ARRANGEMENTS/MEASURES TO MITIGATE PROPERTY DAMAGE
7.92.
Damage to property occurred during the fighting stage of the
operation and, according to residents who testified, after the security forces
gained entry to Tivoli Gardens. During the fighting stage, damage was done
mainly to buildings by the impact of warheads, explosive devices and fires. An
analysis of residents’ testimony and documents tendered by the Ministry of
Labour and Social Security (MoLSS), suggests that most of the damage was done