360 / 494
359
10.263.
All of the evidence points to the separation of males and
females. Very few women and children were detained. The vast
majority of detainees were men, adolescents and adults. Even if, as
Maj. Cheverria said, there was no policy of separation of men and
women “before the operation started”, we are satisfied that such a
policy was carried out once the security forces entered and secured the
sectors. There is an abundance of evidence from civilian witnesses
that such a policy was in fact effected.
10.264.
There was little evidence that detainees were told the
reasons for their detention. Failure to give reasons for detention is a
breach of section 15(2) of the Constitution. SSP Graham testified that
it was explained to some of the detainees that they were detained “in
their own interests”, thereby implying that the reasons for detention
were made known. But, on his own evidence, this was not a universal
practice. It applied to only “some” of the detainees. We are not
convinced that the thousands of detainees were told why they were
detained. Certain of the civilian witnesses were asked by the security
forces whether they knew either Christopher Coke or Steve Reid aka
“Slicer” or their whereabouts and, if they denied knowledge, they were
detained and, in some cases, roughed up. There was no evidence that
any of these witnesses was responsible for firing at the security forces.
10.265.
Some of the injuries sustained by Maurice Tomlinson were
conspicuous and observable, for example, lacerations to his left ear,
upper lip and the abrasions to his elbows – see Chapter 9. In addition,
witnesses Tomlinson, Vallin Joiles and O’neil Smith testified that they
were detained in excess of 24 hours (Tomlinson and Joiles – 3 days;
Smith – 4 days). Their release forms, however, state that they were
detained and released in 24 hours. We accept the evidence of these
witnesses.