389 / 494
388
(iv)
The comment on a lack of alacrity in systematically
investigating complaints of killings is unfounded.
(v)
There was no failure in leadership. His orders to his
subordinates were carried out.
(vi)
The JCF, under his leadership, honestly believed that
criminal elements had declared war on the State and the
JCF.
Commission’s Comments and Findings
11.91.
The JCF’s UFFP (Appendix 17) provides in para.32:
“Members of the JCF will verbally report any use of
force to their immediate supervisors as soon as
practicable. Any use of physical force by a member
must be documented completely and accurately in an
appropriate report, depending on the nature of the
incident.”
Para.35 is as follows:
“Members of the JCF must fully document the
circumstances in which they found themselves, the
reasons for their actions and the details of the
supervisor to whom they subsequently reported.”
We received very little evidence of compliance with the provisions of
those paragraphs.
11.92.
Our comments and findings at para.11.81 are based on
evidence presented at the Enquiry. Many witnesses gave credible
testimony of probable extra-judicial killings. That testimony suggested
a pattern of conduct and, in our judgment, is sufficient evidence of a
failure to maintain discipline through the chain of command.