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437

CHAPTER 14

THE CONDUCT OF OPERATIONS BY THE SECURITY FORCES OF

JAMAICA IN TIVOLI GARDENS AND RELATED AREAS DURING THE SAID

STATE OF EMERGENCY IN THE MONTH OF MAY 2010

ToR (D)

INTRODUCTION

14.1.

Plainly, this Term of Reference overlaps with others previously

considered in this Report, particularly Chapters 8, 9, 10 and 11. Therefore, we

shall not discuss in detail, matters referred to in those Chapters save and except

for the purposes of context, continuity, coherence and comprehension of the

conduct of the security forces in May 2010. This Chapter and those mentioned

above must be read together for a total appreciation of the mandate of Term of

Reference (D).

14.2.

With that

caveat

in mind, we discuss in this Chapter under Parts A,

B, C, and D –

• record keeping;

• the investigatory process undertaken by the JCF;

• the collection and treatment of dead bodies;

• house clearing exercises and searches.

14.3.

However, before discussion of those three broad heads, we desire

to make the following findings absolutely clear:

(a)

By 23 May 2010, there was a severe and unprecedented

threat to the security of the State and its security forces which

justified the declaration of a State of Emergency.

(b)

The security forces, and especially the JDF as the lead Force,

faced unusually fierce resistance in many areas in the course