474 / 494
473
find that he was forced to store them under pressure from the security
forces although to do so was in breach of his company’s contractual
arrangements with the GoJ.
14.146.
We find that the JCF acted in breach of established
procedures that required the name and particulars of an investigating
officer to be supplied to the Funeral Home. Mr. Madden’s evidence also
helped to clarify the issue concerning dead bodies and coffins in MPC.
We find that, when Mr. Madden learnt that on-the-spot post mortem
examinations were being conducted in MPC, he sent 23 bodies to MPC
together with coffins. He had those bodies returned to the Funeral
Home when the examinations were aborted owing to gunfire in MPC on
26 May. While mentioning 26 May, we also find that Lt. Col. Cummings
was mistaken in his evidence that the shooting in MPC took place on
25 May. We are satisfied that it was 26 May.
14.147.
Turning finally to the house clearing exercises and
searches of property by the security forces, we find that it was the
responsibility of the JDF to conduct house clearing exercises as soon as
practicable after entry was gained into a sector. Taking the evidence
of civilian witnesses together with that of the JDF sector commanders,
it is our finding that the soldiers of the JDF used disproportionate force
in carrying out house clearing. There is an abundance of evidence from
civilians that, in our opinion, unnecessary damage was often caused to
residents’ properties, notwithstanding the clear need for the JDF to be
careful and thorough in carrying out those exercises. With regard to
searches, we also find that the JCF acted disproportionately, and the
complaints of residents to officers of the JCF about their conduct of
searches were justified. Residences were ransacked and furniture and
household appliances were unnecessarily damaged. – See also
Chapter 8.