Chief justice should immediately review all cases
THE EDITOR, Madam:
STAND UP for Jamaica is concerned about the situation of people behind bars. The case of Noel Chambers, the 81-year-old who died in custody after a 40-year wait for trial, highlights the urgent need for change.
The Department of Correctional Services is not sufficiently placed to address this issue, and as such, the fundamental focus has to be on the justice system in its entirety and its lack of accountability. Pending trials, courthouses not sending notifications about court dates, clerks not requesting updates on orders made by the courts, poor professional performance from some attorneys, absence of information about legislative updates; it is just a monster system biting the lives of the ones who are totally dependent on its bureaucratic approach.
Mentally ill inmates cannot be fit to plead and need to be diverted to community mental health care; and there is urgent need for a modern forensic psychiatric facility to be built to provide treatment for the most severe cases.
While international scrutiny and the work of human rights activists have inculcated a greater focus on human rights issues behind bars, the treatment of mentally ill prisoners remains a significant concern. Despite the efforts of correctional administrators, mentally ill inmates will continue to present a significant challenge because of the danger they pose not only to other prisoners and correctional officers, but also to themselves.
These are issues which plague correctional services in Jamaica and put the country at risk of violating basic human rights provisions enshrined in international law. It is for this reason that we are calling for a change to be made in the justice system with regards to inmates’ right to a fair trial.
For persons deemed unfit to plead, we urge the courts to divert these persons to the mental health clinics which have been established by the Ministry of Health.
The Department of Correctional Services is simply not equipped to deal with mentally ill inmates, and as such, it is up to the courts to uphold the human rights of these persons by ordering that they be removed from prisons and be provided with the mental health services that they need. Prison is no place for someone who is mentally ill.
We call on the chief justice to immediately review the cases of all prisoners held in prisons at the court’s pleasure, in an effort to prevent a recurrence of the unfortunate demise of Noel Chambers. CARLA GULLOTTA Executive Director Stand Up for Jamaica