Report by the Special Rapporteur on Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment, Theo van Boven


Jamaica

Urgent appeals

866. On 24 May 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Curtis Greenwood and Jeffrey James. According to the allegations received, they are held in incommunicado detention without charges at Spanish Town Police Station in relation to an incident where a stone was thrown at a police superintendent during a roadblock demonstration in Morgan’s Lane district in December 2003. A senior officer told a member of the community last December that "If the youth wanted to live to see their children grow, they should make sure they did not go near any building sites for work." Curtis Greenwood’s brother, Otis Phillips, was threatened in March 2004 by a Senior Superintendent of police from Spanish Town, who told him that he was on "borrowed time". In retaliation for throwing the stone, on 5 May 2004, at around 6 am, Robin Anderson, another resident of Morgan’s Lane, was shot dead by the police while he was in his bed and offered no resistance. After the shooting, the police removed evidence, washing away the blood and taking away the bloodied sheets. Prior to his death, he received death threats from police officers, which were reported to the Police Public Complaints Authority. On 9 May 2004, members of the Morgan’s Lane community were threatened with death if they buried Robin Anderson. A police officer said that if the funeral took place, there would be more bodies than people to bury them. The funeral has not yet taken place. In an attempt to intimidate the community after the shooting, the police rounded up 20 young men from nearby houses, most of who were later released. Independent medical reports confirmed that several of them had been badly beaten, including Rowan Anderson and Christopher James. Curtis Greenwood and Jeffrey James, however, are still detained incommunicado. The two men have been beaten in detention and that the police have denied them access to medical treatment.

867. By letter dated 30 August 2004, the Government informed that on 7 March 2004 at approximately 9 a.m., Curtis Greenwood and Jeffrey James fired guns at policemen in Morgan’s Lane and then fled. Jeffrey James had earlier seriously shot and wounded a man. On 5 May 2004, a search was carried out in the Morgan’s Lane Community of Spanish Town between the hours of 5 and 8 o’clock in the morning during which 23 persons were taken into custody, including Curtis Greenwood and Jeffrey James. Curtis Greenwood was held in custody at the Spanish Town Police lock-up until 18 May for a number of offences, at which time he was released on bail. In custody he was visited by his lawyer, relatives and friends. No complaints of abuse or denial of visits were ever lodged. He never complained of feeling ill or of being injured nor requested medical attention. He appeared in the High Court for the weapons charges on 21 May 2004 and the case was further postponed to 11 June, and he was released on bail. Jeffrey James was arrested on 6 May and remains in custody in relation to a number of offences. He has access to his lawyer and has received visits from friends and relatives. He has not made any complaint of abuse or unfair treatment. On 5 May at 6.30 a.m., as police attempted to arrest Robin Anderson at his home, he opened fire and was hit by return fire. He was rushed to the Spanish Town Hospital where he was pronounced dead. He was buried on 30 May, the delay due to the request of relatives and human rights advocates for a second post-mortem examination, which was carried out on 20 May. At no time did any member of the police threaten that Robin Anderson should not be buried; such threats would be pointless since legal and public health requirements dictate when he would have to be buried. There is no record of Otis Phillips reporting any instance of threats by a senior police officer.

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small logo   This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.