282 / 494
281
vehicles, land or premises suspected of harbouring or containing persons
suspected of having committed or about to commit an offence”; or where they
suspected “that the vehicle was being used in a way prejudicial to public safety”.
Further, the security forces were given specific power to arrest and detain a
person without warrant on reasonable suspicion that the person was acting
prejudicial to public safety or had committed or was about to commit an offence
under the Regulations; and “to stop and search persons and seize anything
found if [the security forces] had reason to suspect that it was being used or
intended to be used for purposes prejudicial to public safety and order”.
10.20.
The Regulations sought to afford protection to the security forces
from litigation in respect of acts done in good faith by them during the State of
Emergency.
10.21.
Thus, Regulation 45(1) provided as follows:
“Subject to paragraph (2) no action, suit or prosecution or
other proceeding shall be brought or instituted against any
member of the security forces in respect of any act done in
good faith during the emergency period in the exercise or
purported exercise of his functions or for the public safety or
restoration of order or preservation of the peace in any place
or places within the island or otherwise in the public
interest.”
Use of Force Policy – The JCF
10.22.
In order to ensure that its members respected the human rights of
individuals and used only that amount of force that was strictly necessary in a
particular situation, the JCF published Force Orders on 27 September 2007
(Serial No.3147). The Orders are titled: “
Jamaica Constabulary Force Human
Rights and Police Use of Force and Firearms Policy
”. Hereinafter referred to as
“UFFP”, this document is at Appendix 17 of this Report.