David G. Batts, Contributor

"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual" - Thomas Jefferson

Human rights organisations and activists are being blamed for the crime, violence and murder in Jamaica. A reverend gentleman was reported recently as describing us as human wrong activists. A noted policeman repeatedly refers to us as criminal rights advocates.

This blame game is understandable and is not unique to Jamaica. Countries in crisis often witness the scapegoating of those who stand for truth, justice and democracy. This is often a prelude to the harsh measures and deprivation of rights that totalitarians apply in order to secure peace and stability.

Illegal war

In situations of crisis the press and otherwise respectable citizens will sometimes collaborate in the process. I don't need to look very far for an example - witness the United States after 9/11. Their fear and outrage propelled them to wage an illegal war and detain many illegally. Some who were not affected by the fear and hysteria pointed out that the war was not justified. However, at the time of the crisis Congress and the free press abdicated their responsibility.

Here in Jamaica a crisis in crime can precipitate a similar state of affairs if the decent and law-abiding do not remain vigilant, calm and reflective. Witness the passage of anti-terrorism legislation (a move with which the opposition concurred). Witness also the suggested grant of powers of arrest to the military, the proposed Fingerprint Legislation and proposals to abolish preliminary enquiries. The often repeated call to surrender some rights may be the thin end of a very large wedge. The question is: can Jamaica's democratic institutions withstand such erosion?

Jamaica's crime problem has been in the making for well over 150 years. The violence, which characterised slavery and slave rebellion, was described as extreme even by contemporaries of the period. The Morant Bay Rebellion and the enquiry which followed it show that the brutality did not end with slavery. Periods of upheaval followed by extreme repression characterise the history of this country. Injustice, inequality, poverty and fractured family life provided the setting for crime and violence.

Political changes occurred but the promise, which came with independence and which is epitomised in our national anthem's refrain, "Justice, truth be ours forever", was betrayed. It seems that for the better part of the last 40 years principle has been sacrificed on the altar of popularity. Truth was the first casualty, and with truth went any hope or promise of justice. Indeed, it is the inefficiency, uncertainty, and general failure of our system of justice which have been the catalyst for our spiralling rate of murder. On the one hand persons realise there is little or no consequence for doing wrong, and on the other, persons note that the agents of the state are able to manipulate and lie in order to use those very systems corruptly. Illegal detentions by police officers, the net-fishing approach to crime solving, the beatings in the lock-up and extrajudicial killings, as well as the profitable but illegal drug trade, have helped to foster a significant underworld, which has no regard for established institutions. Unless this is understood, prescriptions for a solution to crime and violence will miss the mark.

Revolutionary dictatorship

Any approach to the problem has therefore to be both pragmatic and holistic. It must be such as to affect attitudes and behavioural norms. If it doesn't, Jamaica will slide into anarchy or end up with a revolutionary dictatorship ruled by a strong man who provides peace and security. This scenario has been repeated several times in the history of post-colonial societies, and unless the appropriate correctives are taken, Jamaica will be no exception.

The pragmatic holistic solution must involve the following:

a) A firm but fair policing methodology. The several special squads should be disbanded and placed on regular police duties and a rapid response unit created in their place. This very mobile force must comprise members of the military and should be able to respond by land, sea or air whenever the officer on the beat requires assistance. Any violent confrontation will thereby be met with a swift, immediate professional response. (I am not advocating a merger of the police and the army, as this will merely compromise the efficiency, discipline and esprit de corps of our military).

b) Alongside this initiative must be a boosting of policing methods, using undercover operatives and technology. Improve the CIB and expand community policing, that is, the beat and foot patrol. The police presence must be seen. Police officers on the beat must have zones of responsibility in preference to the static duty now employed at intersections. The beat officers should be regularly briefed and debriefed by the Criminal Investigation Branch. The police must operate independently of the political arm. The time has come to give the commissioner of police constitutional security of tenure, after putting in place an independent appointment process.

c) A meaningful effort to bring delinquent police officers to justice is required. This will restore public confidence. The police must be held to professional standards. This can be done by creating one independent body to investigate and prosecute police misconduct. The body should be able to charge officers for unbecoming conduct, whether or not the DPP has opted to prosecute and whether or not there is a conviction. The current situation which sees an Internal Affairs Division and a Police Complaints Authority utilising investigators who are serving police officers under the commissioner's control is confusing and ineffective. It does not enjoy public confidence.

Justice denied

d) The system of justice needs to be overhauled. If justice delayed is justice denied, then justice has been denied to Jamaicans for a long time. There have been many studies and recommendations. What is needed is a comprehensive plan to implement the recommendations. More trained stenographers are required so that depositions and notes of trial become instantaneous.

Our courts need to become efficient and effective. I believe the time has come for the police to be relieved of court duties, and that court services should be provided by a separate body under the command of the chief justice.

This will enhance the independence of the judiciary and free up more officers for policing duties. I believe, also, that the method of selection of judges should be reviewed. The Services Commission needs to advise the public of vacancies and of the persons being considered, so that only the brightest and the best are appointed.

e) The prisons need to do more rehabilitation. An ex-convict should have a trade and a hope that better can be achieved. Repeat offenders should be given longer sentences. The parole system should be overhauled.

f) The award of contracts and appointments to the public service must be merit-based. It must follow a competitive selection process. There must, in other words, be justice in the distribution of the 'scarce benefits and spoils'.

g) Our political leaders must eschew negative associations. Not just now but especially at the run-up to elections. The wrong message is sent when youngsters observe that the enforcer and the tough guy are the persons looked to and consulted by political leaders. We must practise, not just preach, a return to value systems and standards of conduct.

No to extortion

h) This return to standards will require the participation of all right-minded citizens, rich and poor alike: churchmen and women, professionals and business leaders need to say no to extortion, to corruption, and must uphold the law and the Constitution.

i) Social intervention initiatives are required in the inner cities via sports, vocational training and education.

Are these imperatives impossible? Am I a dreamer? I believe Jamaicans of all walks of life are now fed up with crime, violence, corruption and injustice. Those in leadership should understand that they have a duty to lead the way towards a society of justice and truth. If they do not do so Jamaica will slip into dictatorship or chaos.

David Batts is an attorney-at-law. This article was first delivered as a speech to a Rotary Club of Kingston meeting on July 14, 2005.