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deteriorating security situation was explained to the Cabinet which authorised
the declaration of a State of Emergency.
2.49.
The next day, 24 May 2010, the security forces moved into West
Kingston. The sequelae to the operation mounted by the security forces were
noted at para.2.4 (supra). We discuss the matters referred to in paras.2.41 to
2.45 in detail in Chapter 3. Suffice it to say, for the moment, that the events of
May 2010 greatly disturbed the population of Jamaica.
The Demand for a Commission of Enquiry
2.50.
We were aware that the public sought an understanding of the
events of May 2010 and the inherent risks posed to citizens’ safety and national
security. There was an even more robust demand for an accounting of the
massive loss of life. Plainly, the demand for accountability was conditioned by
the reality that lives matter. No self-respecting democracy could simply give
victims money and then just forget about the events which affected those lives.
Such behaviour would represent a devaluation of life, a disregard for the rule of
law and an indifference to Jamaica’s future.
2.51.
Many eminent Jamaicans called for a Commission of Enquiry. On
29 April 2013, Mr. Earl Witter Q.C., the then Public Defender, submitted to
Parliament an Interim Report concerning his investigations into the conduct of
the security forces during the State of Emergency declared in May 2010. One of
Mr. Witter’s principal recommendations was in these terms:
“That a thorough-going Commission of Enquiry be appointed
to conduct a judicial enquiry into the activities of the State
Security Forces and illegal gunmen during the State of
Emergency 2010.”
CoP Ellington told us that the JCF “publicly supported the Commission of
Enquiry”.