168 / 494
167
FINDINGS
7.105.
The house clearing exercises were heavy-handed. We
accept the evidence of many residents who testified of being roughly
treated by the security forces during the searches. We find that
several dwellings were not only ransacked but were severely damaged
by the indiscriminate use of excessive force. Bullet holes within the
interior of dwellings, tiles ripped up and appliances damaged appeared
to have been evidence of unnecessary and inappropriate discharge of
duties. Although we appreciate that a search in a relatively “hot zone”,
in the context of an unprecedented confrontation, would not be a
“Sunday School exercise”, we are not satisfied that the extent of
damage reported and seen by us in some video clips was justified.
7.106.
We repeat our findings at Chapter 5 para.5.81.
7.107.
The forced detentions were wholly disproportionate to the
requirements of the situation. The impression left with us is that
young males were taken arbitrarily and subjected to indignities within
Tivoli Gardens before being herded, onto trucks and taken away to
detention centres. The fact that over 4,000 persons were detained but
only 148 not released, is powerful evidence from which an inference
can reasonably be drawn that the large-scale detentions were
arbitrary.
7.108.
CDS Saunders admitted that he received allegations of
abuse by soldiers but he insisted “I have no evidence of abuse”.
CoP Ellington said that he “could not rule out the possibility of
policemen misconducting themselves”. We find that the security
forces did not respect the property of many residents while carrying
out house clearing and searches. We have set forth our reasons for