Showing posts with label Police Harrassment. Show all posts
Showing posts with label Police Harrassment. Show all posts

Saturday, July 16, 2011

J-FLAG Welcomes JCF's Withdrawal Of Homo-Criminals Claim


Ellington

Owen Ellington

The local gay community has expressed pleasure at the Police High Command's withdrawal of Senior Superintendent Fitz Bailey's recent controversial claims about links between homosexuals and organised crime.

In a swift response to yesterday's statement by Police Commissioner Owen Ellington, a relieved Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG) commended the Jamaica Constabulary Force (JCF) for the withdrawal of the senior policeman's assertion.

Earlier this week Bailey, who heads the Organised Crime Investigation Division (OCID), stated that gays made up a large number of persons prominently involved in the lottery scam, an organised and highly lucrative criminal enterprise.

In his statement yesterday, Ellington said his intervention in the matter was prompted by Bailey's attempt to clarify his statement, noting that placing it within the context of offender profiling had not fully resolved the concerns of the gay community and its sympathisers.

The police commissioner said he discussed the matter with Bailey, who shared information with him supporting his assertion and cited discussions he has had with representatives of J-FLAG about the problem.

understands basis

According to Ellington, Bailey fully understands the basis of concern for the safety and well-being of members of the gay community who might be targeted by misguided individuals simply because of the statements under reference.

"The JCF, therefore, withdraws the statement and expresses regret to all Jamaicans and our international partners for any concern, anxiety and any appearance of unfair labelling which may have been construed from the message," Ellington asserted.

"We wish to assure all that the JCF has no policy of singling out any particular social grouping for special police attention. Our focus is on enforcing the laws without fear, favour, prejudice or ill will," he added.

The commissioner's comments were released two days after Bailey insisted he would not back down.

"Owen Ellington must be lauded for his leadership on the issue," stated J-FLAG in a release. "Both the decision to retract and SSP Bailey's efforts to clarify his original statement are well received by members of the lesbian, gay, bisexual and transsexual (LGBT) community."

Dane Lewis, J-FLAG's executive director, said his organisation sincerely hoped the police force would use the experience as a guide to how it frames issues regarding LGBT persons, especially those who are victims of crimes and are at risk of violence.

At a meeting yesterday, Lewis said he assured the Organised Criminal Investigation Division (OCID) that J-FLAG supports the efforts of the police to arrest all crimes and mitigate their impact on all Jamaicans.

Lewis also stated that J-FLAG remained committed to working with the police to address issues of crime and violence especially where they directly concern the LGBT community.
ENDS

Also see: Apology Accepted but some questions still linger on certain fronts


Superintendent Fitz Bailey on TVJ on organized crimes and gays



and

JFLAG's response to JCF apology by glbtqja1

but this video by NBC Miami poses a problem as the individual identified may have been what led SSP Bailey to arrive at his conclusion


Peace and tolerance

H

Thursday, February 24, 2011

Breathing ...... Open Mic ...... Black History



Every now and again we find ways of breathing in the midst of all the madness that is our national homophobia and other societal phobias affecting us, last evening February 23rd was one such time when a deep breath was taken. Couture Elements a fresh new entity in the GLBTQ entertainment offerings locally hosted one of its mid week Open Mic series at its home The Couture Oasis. As Black History Month draws to a close they organizers decided to host a reflective session calling on older statesmen and women from the community and activities past to as far back as the 1960s and 70s for sharing some of those experiences.

CE logo
LEVEL UP the Lifestyle, Entertainment and Fashion
coutureelements@gmail.com

Though short the time for the night sessions and the lateness of most of the attendees proceedings went ahead as planned touching on everything from the early days of entertainment to exploring the early days of Jamaica's raw homophobia and its possible origins. Most of the attendees though in their early twenties were transfixed to the discussion which to me shows that there is indeed some desire to know about our early experiences from older living stalwarts and ordinary experienced persons. Revelations as to the early days of downtown and the missing violent streak that now obtains brought smiles to many one could almost see a kind of wishing I was around look in many of the patrons listening intently.

Statesmen "Mr. Marshall" accompanied by his longtime sidekick "John" arrived as usual late of course making an entrance as is typical of them both went straight into the meat of the matter(s) while I was in the hot seat in a wonderful exchange with a attentive audience. He reminded older folks like myself of the early problems in the community some of which are still with us such as homelessness and gay on gay violence, his reputation though as a club promoter though was the main matter of the evening. He recalled the early days of police harrassment of his establishment and the tabloid press's hounding and putting out stories casting a cloud on his activities. He remained resolute in carrying on business as he was determined to see his patrons happy at best while making that needed pink dollar.
There were other party promoters but without the rivalry that now exists with disastrous results and he expressed his concerns about the happenings briefly. He also touched briefly on the other communities such as the lesbian and bisexual communities.


All in all the evening went well with occasional humorous outbursts as persons reminisced on days gone by, a piece presented on early Jamaican life by a younger male member of the community was well received harking to the days of Horlicks (food drink for kids), Andrews salts advertisements, JBC and Dennis Hall hosted School Challenge Quiz, black and white television, early gay typed characters in roots plays, old time nine nights, jonkanoo, and other culinary references. The joke segments also were very funny and interesting here is one that was burrowed from a friend's Facebook profile:

"4 POLICE WERE TALKING WEN ONE OF DEM ANNOUNCED 'MAN I HAD A BAD DREAM LAST NITE . ME DREAM SEH TEN BATTY MAN FUCK MI OFF' ONE OF D NEX POLICE REPLIED SHUT U RAAS U NJOY IT CAUSE FROM D FUS ONE TOUCH U U SHOULDA WAKE UP !"

Healthy exchange and hopes

I hope that this kind of forumatic activity continues in allowing us to breathe especially when presented to a larger mixed audience not to bore people to death but carefully and creatively have a solid exchange with a view to have a lasting impression for positive results for the new generation, they are the ones who are going to have carry on the oral and written histories, the fight and the legacy. What is also wonderful about this activity is that it is a conversation between speaker(s) and the audience not just a presenter unloading onto zoned out persons. Another suggestion is the changing of the day to a weekend such as Fridays as many working class persons may have some difficulty attending regularly or staying the late hours as persons often time arrive late or maybe the CE can have the sessions twice weekly.

Breathe, talk, learn, share, respects, Level Up! Couture Elements ..... a wonderful experience.

They recently introduced a membership system but non members can attend for a small contribution of $500.

Peace and tolerance

H

Tuesday, July 13, 2010

Net fishing, profiling, abuses & unjustified detentions by cops under state of emergency part 2

Following on the reports of Jamaican citizens being rounded up and taken in for questioning under the guise that they are "persons of interest" members of the human rights collective, lawyers and other civic actions groups are calling for an end to the state of emergency it is becoming apparent that the security forces are loosing their short lived and much hailed success and renewed confidence in carrying out there duties.

Although the crime figures for June has fallen dramatically by some 21% this is not being done through serious investigative work and probity but clear net fishing as part 1 to this post can attest to in as far as LGBT people are concerned. The police clearly have no materials in which to adequately develop a case to charge individuals so they use their awesome powers now under the present regulations to bring in persons they couldn't arbitrarily nab.

The Emergency regulations which among other things allows the security forces to:

Direct persons in charge of vehicles to move them to some other point in a 10-mile radius.

Search premises or vehicles where persons are suspected or are likely to endanger public safety.

Stop and search vehicles if it is suspected that they are being used in a manner prejudicial to public safety.

Have right of access to do work on land which is required for the preservation of peace or regulating the supply and distribution of water, fuel, electricity transportation and other necessities (the statutory purpose).

Take over on the order of the governor general any premises or facility which provides essential services defined in the regulations.

Restrict publication of undesirable material which may be prejudicial to the public interest or which may incite persons to commit a breach of the peace.

Prohibit assemblies of persons.

Prohibit the carrying of a firearm or other lethal weapon.

Prohibit the use of firearms and ammunition conditionally or unconditionally.

Restrict access to certain areas for persons who are suspected of acting prejudicial to public safety.

Prohibit the wearing of uniforms and emblems, except for those engaged in lawful industrial action.

Question persons and demand answers.

Arrest and detain persons whose behaviour gives reasonable grounds for suspecting that he/she is acting in a manner prejudicial to public safety, or has committed an offence against the regulations. Such persons are to be detained up to a period not exceeding 24 hours. However, the competent authority has the power to extend that detention period by a further five days on the authority of a resident magistrate or a police officer not below the rank of deputy superintendent.

Search persons and seize any article which is suspected or intended to be used in a manner prejudicial to public order and/or public safety.

Confine persons to residences on the authority of the minister to prevent such persons from acting in a manner prejudicial to public safety.

Control places of public resort and entertainment which are specified in an order.

Restrict the granting of bail for persons who contravene or fail to comply with provisions of the regulations, and where it is believed that such persons would be likely to commit a similar offence against the regulations.

Deal with compensation for the use of property and equipment during the period of the state of emergency.

It has since been brought to my attention that there are members of the LGBT community being held under questionable circumstances, three to be precise, two males in Kingston and one female in St. Catherine. They have been held for five days overall and have been able to secure the services of an attorney however family visits are limited due to the overcrowding of the lockups, visits are staggered over two to three days at a time per person so that everyone gets a chance to see their loved ones as the crowds that converge during visiting hours are large. I am hopeful that they will get out soon despite the circumstances, they too seem to be having some difficulty seeing their notice of detention papers although they have been told their attorneys have them.

Their detentions may not be linked to their sexuality or orientation at this time but due to the recent problems of the detention orders that are to be served to detainees upon being held under the Emergency Powers Act/regulations, lawyers have been complaining that when they are preparing to go to the specially set up Emergency Tribunal to hear these cases as habeus corpus rights has been waved the detention orders are blank and do not explain the reasons for holding the citizen. They are also complaining that it's when they actually attend the tribunal hearings it's the first time they are seeing many of these "hastily prepared" detention orders for their clients from the government lawyers without proper time for them to prepare their arguments or call possible witnesses, persons are being held for extended periods of time in over crowded facilities most without charge and in some instances mother and siblings are in one station.

The Emergency Tribunal has no powers basically as it only can offer recommendations in respective cases which are sent to the Ministry of National Security for a final decision. They have no jurisdiction over the intermittent five day notices which is a separate form sometimes hand written on one sheet. Some detainees have three or more five day notices suggesting sloppy administrative work on the police's part, they cleverly provide the "real notice of detention" documents just before the scheduled Emergency Tribunal hearing date or on the day in question for the detainee involved so as to legitimise their presence at the session as they, the cops, know they cannot proceed without the properly prepared detention order presented to the Tribunal which has sitting on it seasoned human rights persons such as Nancy Anderson from The Independent Jamaica Council for Human Rights (IJCHR).

The notice of detention must be served upon a citizen upon being taken into custody signed by a Senior Superintendent of police under normal practice as soon as possible or within 24 hours after the detainee is in custody.

The police high command has since denied that there are blank detention notices being presented for detained persons, one leading human rights attorney said they are in possession of 5 such "blank" notices meaning the reasons for detaining the citizen are not outlined.

There were a recent set of circumstances involving some homeless MSMs and other LGBT people as well with the police under the state of emergency.
See MSMs Harassed Again from GLBTQ Jamaica
here is an excerpt:
"... set of homeless MSMs along with some of their friends in a different section of the district where the officers recognised the men and accused them of being male prostitutes they were harassed with one suffering hits with a baton ..."

The police clearly are loosing the little trust that was re-established following the incursion in Tivoli but the present circumstances do not look good. There is a clear need of a proper detention centre to house detained persons separate from the previous incarcerated populations so everyone is now batched together in filthy conditions at lockups. There is no way to get proper redress from the emergency tribunal in as far as breaches regarding detention notices not being served on a detainee the tribunal can only recommend so it has to go back to the Minister of National Security's office who is briefed by the police.

I have decided to do all business during the days and if I have to go out at night then I do so by planning my routes carefully. Prevention better than cure they say.

Be safe out there.

Peace and tolerance.

H

Friday, July 2, 2010

Net fishing, profiling, abuses & unjustified detentions by cops under state of emergency

Despite the assurances from the Prime Minister, Hon Bruce "Not in My Cabinet" Golding and the Police commissioner that persons will be allowed to move freely allbeit the extended state of emergency to July 22nd or thereabout and incorporating St. Catherine in the areas covered, reports of abuses and unjustified detentions of persons in particular LGBT individuals are on the rise. The nation is almost split 50/50 on this issue of maintaining a state of emergency mostly on political lines. The security forces' activities were supposedly designed to penetrate specific crime ridden areas nationally in due time but obviously as we have seen constant reports of abuses are coming from everywhere generally speaking even in so called upscale neighbourhoods where one of the three incidents I will highlight for this post occurred. There are others that I am not able to verify just now.
Several persons meanwhile have literally become couch potatoes staying indoors after arriving from work or play so as to avoid any eventuality of going on the road at night hours in particular in fear of a random search by police and soldiers with extenuating factors and many event planners gay and mainstream have been postponing, cancelling or moving their events to popular rural spots so as to continue business but Kingston patrons still second guess before venturing out.

So pronounced are some of the abuses that persons privacy have been violated with one case of the cops apologising to the individual who was so aggrieved when they invaded his home after jumping a wall with guns pointed at him by his laundry area.
It is clear that the security forces are not sure as to where to find illegal activities or where to start their investigations so batching all together and hoping to find something illegal is the practice aka net fishing and with the new powers given to the them they are clearly abusing it, human rights groups and legal minds say the security forces do not need such additional powers as it is, as they already have enormous powers of arrest, search and cordon under regular circumstances. The six crime bills were passed by the way with very little song and dance from the parliamentary oppostion as most of them were absent from the house on the day in question, so much for representation of people's rights.

Event 1: Early June around 8:30pm, lesbians and sibling harassed by cops
A group of three lesbian friends accompanied by a cousin of one of the ladies were returning from a supermarket in uptown Kingston when they were stopped by a police/soldier team who had mounted a traffic stop to apparently search motor vehicles. The girls stopped in accordance to the signal of the officers and were asked to exit the car, so they did, however one of the officers who apparently saw one of the women who was described as butch by the women in speaking to me was harassed by him both verbally at first then he attempted to ruff her up after she refused to entertain his actions and shouts. He proceeded to call her the ugly names we know in the book dotted with expletives. This particular officer was not wearing his numbered vest as he ought to have been, he was dressed in the typical blue denim and boots with his gun. The other ladies appealed for calm while the frightened young cousin sat in the vehicle watching this go down. After several exchanges and some clever display by the ladies of some knowledge of their rights the girls were eventually allowed to proceed. While the butch sister was calm it was clear to me the two other ladies were still shaken by this incident as they related it in person to me almost three weeks after the fact. The ladies also described that nearly every other vehicle on that stretch of road was stopped by the cops as the line of parked cars waiting to be attended to or searched was long. It was clear that other persons were also having difficulty with how the security team was handling their situations. They drove home as quickly as they could from the scene and have been very selective about the times of day they venture out now.

Event 2: June 30, around 2:00pm, Man harassed from public transportation
A man making his way from Kingston to St. Catherine (the other parish that is under the state of emergency) who was on a bus was ruffed up and abused after another security stop was set up on the road in the vicinity of entering the town to which he was going. All the men on board the bus were searched as is typical and severely questioned with some of them being draped and abused if they didn't seem to be complying. This particular instant the man in question was searched and it was surmised that due to his soft spokeness he was gay. When he was asked where he was from he responded Kingston, the rude officers proceeded to say he was out of his jurisdiction and why was he in St. Catherine. They continued to harass him by which time he managed to make a call to me directly nervously asking what he should do. I told him to try to record or remember as best he could the officer's numbers who were engaged in the abuse. I gave him JFLAG's number as well by which time he called after we spoke. The cops asked him who he was calling he told them directly. The offending officer in an attempt to clearly stigmatise and embarrass the man tried to "loud up" his identity. He was however reprimanded by another fellow officer and reminded he could lose his job if he messed with gays. The other officer reportedly said "man yuh know a who him call? yuh nuh ramp wid dem deh people deh" The offending officer relunctantly walked away. (obviously JFLAG's name still has some resonance in averting police abuses) The man was however taken in remand non the less as the other officer explained it was standard procedure. The remanded man managed to recall his registration number. It was after that the police station's Superintendent had spoken to someone else that he was released. A clearly nervous Sup made sure that when the man was leaving the station he asked if he was ok and if he was harmed, clearly he wanted to secure himself I figure.

Event 3: Early June, Man harassed, insulted in upscale neighbourhood, then detained
Another young man who resides alone in an upscale neighbourhood was harassed after several cops and soldiers with guns drawn came allegedly in search of the whereabouts of Christopher "Dudus" Coke they illegally jumped a fence adjoining the home, the frightened young man who was on the outside doing his laundry counted just about 15 police and soldiers in the yard and when he was escorted out to the police jeep to be taken away for questioning he saw another three army truck loads of soldiers and police as well. The intimidatory ordeal lasted for half an hour or so after the initial entry on to the property as the gate that was electronically operated was closed at the time.
While on the property they demanded he show them his living area and they questioned everything from his ownership of furniture to his holding of several visas and possession of a motor vehicle at his seemingly young age while going through his belongings. It was not until they came across his fashion design sketches that they relented somewhat and said they needed to take him in for questioning this despite his protests as he was not the individual they really wanted. They in fact wanted the owner of the house who when he arrived at the station learnt was already detained as well. The cops seized the young man's vehicle and several documents from the home and repeatedly questioned his sexuality all the way to the station after seeing non suggestive photos in the privacy of his bedroom of himself and male friends. All of this invasion of private property took place without a search warrant as under the state of emergency searches apparently can be conducted without such. His phone was not returned although they did apologise to the young man upon his departure from the station on the day after when he returned to collect his items.

Police state or what?
So we are clearly tittering on a police state here under the present state of emergency and subsequent draconian crime bills which supposed to be temporary according to the government.
Elements within the security forces however see things differently as other unconfirmed cases suggest the kinds of responses used such as "police can do anything now so shut up" as was told to a group of men who were on their way to a party recently.

Given all the strides made however small they may be and specifically with police and lgbt relations we are right back where we were just some years ago of repeated reports of police abuse, harassment and profiling of persons just by their demeanor or aesthetics.
Alarmed? yes I am, Are you?
Judging also from the ever disturbing reports from the Tivoli incursion and the deaths associated with it, the slow pace of justice in as far as the mass post mortems and subsequent errors, the slow pace of the mini inquiries with the exclusion of the press from them, who are we as a marginalised group to get justice then?
Some things to think about.

Please decide what you need to do before hitting the street and look out for others.

Peace and tolerance.

H

Tuesday, March 2, 2010

Police slowly becoming fair to GLBTQ issues ......... but not nearly enough.

Following on the Star’s headline on March 1, 2010 entitled Police Hide Male Lovers at Station. In summary four males who went to report damage that was done to their vehicle following one of their own who had gone to a shop earlier and was verbally attacked. He returned with his friends to allegedly confront his attackers but was met by a mob that damaged the vehicle in question.

They did reach the station to file a report but the residents descended on the station and demanded that the police release the men to them so they could beat them. Up until late that evening they were still at the station as persons wanted to see the faces of the gay men.

It’s not very often that we hear of police being professional in GLBT matters so they are to be commended for it in this case. They did the right thing by protecting the men from the crowd who wanted to exact vigilante justice by beating the men. We have heard so many negatives towards the police even outside of treatment of gays but the general citizenry. The recent party event on February 12, 2010 that was picketed by residents was also a case of the police acting professionally by cordoning the area and allowing the party patrons to leave uninterrupted and maintained law and order.

Generally speaking the police have been getting commendations from the public since the huge ammunition find in Kingston where one of their own was implicated by his colleagues and the subsequent cleanup of the inventory of all armouries and station reports of weaponry. Other cops have since been interdicted as they were found to be allegedly involved in the smuggling ring. They however still have long ways to go as the public’s trust has still not yet properly restored especially as far as gays and lesbians are concerned.

They however have lost some face as the Armadale inquiry report came to public attention and the cop who threw the tear gas canister that caused the fire resulting in the deaths of the female wards of the state has left a bitter taste in the mouths of many including the police hierarchy and politicians. Several other officers in that case as well are to interdicted as they have been found to be culpable in that matter.

The recent prison disturbance at the Horizon remand centre was also of some concern to many as members of the force were accused of firing shots at the inmates while they were feuding. Probes by the Office of the Public Defender and the investigative arms of the force are proceeding to produce a report on what actually occurred.
Only recently in February also, a set of officers were accused of accepting a bribe to exact a retaliatory effort on behalf of the payer of the bribe to retrieve a motor vehicle that allegedly was in the possession of a gay man. The cops were accused of calling the man a batty man while physically abusing him with a baton which resulted in his left arm broken in two places and saying that batty man fi dead and the usual other caustic comments. So the foolishness continues in some quarters.

I guess the general public agitation will force them to take stock of their actions and execute their responsibilities professionally so they can gain the public’s trust.

Please remember to take stock of your own basic rights and freedoms and know them so you will know what to do when you are arrested or brought to a police station, tips on bail, requesting a duty council, how to act when taken into custody, what to look for, the station diary and other possible actions are posted on this blog to the left had side view them by scrolling down. If you are not sure visit the police website to see more or contact any local attorney of human rights organization such as Jamaicans for Justice.

Also go to the Ministry of Justice’s website and go under the laws section to see the relevant acts such as The Bail Act, The Constabulary Act and more.

Peace and tolerance
H