384 / 494
383
(vii)
The decision to carry out mass detentions.
FINDING
11.73
We have found that for the most part this decision was
carried out in such an arbitrary and unreasonable manner as to render
its execution unlawful.
Accepting Command Responsibility
11.74.
The CDS and CoP had command responsibility for their respective
Forces. In operational matters they were independent and the principle of
operational independence is enshrined in the statutes relating to the JDF and JCF
– see Chapter 7.13.
11.75.
CDS Saunders explained the principle of command responsibility as
follows:
“Essentially, it speaks to responsibility exercised over the
administrative and operational requirements of the men and
women of a particular Force, e.g. the JDF.”
11.76.
CDS Saunders agreed that command responsibilities implied duties
and he would be in dereliction of duty if abuses of rights were drawn to his
attention and he did nothing about them.
11.77.
CoP Ellington testified that there was no breakdown in command in
the case of the JCF. In answer to a question put to him by Mrs. DaCosta, the
CoP said –
“There is individual responsibility for action on the ground;
responsibility for the planning and execution of an operation
to the extent that you set up a structure, you issue
guidelines, you start it, you provide resources and you
provide a mechanism for accountability. That is the
responsibility of the Commissioner.”