Policy to be developed on security forces’ involvement in demolitions, says Holness

WESTERN BUREAU:

Amid backlash over the involvement of the police in the recent demolition exercise at Coopers Pen in Trelawny, Prime Minister Dr Andrew Holness has indicated that the Government is to develop policy guidance to govern how members of the security forces operate when called on to support court-ordered evictions and demolitions.

Holness made the announcement yesterday while responding to residents during a visit to Coopers Pen, where 20 houses were bulldozed in the early morning of August 11, under the watchful eyes of a strong detachment of police personnel.

According to Holness, the demolition exercises, which impacted several families, highlighted the need to have clear policy directions in place to guide the behaviour of the security personnel during such operations.

“What is clear is that the operation, as it was executed, needs policy guidance,” Holness told residents. “When I was talking to a young man and a young lady, a short while ago, they were explaining to me how they felt about the police operations, I pointed out to them that it was important that I hear for myself how they felt and how they felt their rights were abused.”

“I am going to go back and meet in the National Security Council with the security forces to discuss a policy as to how you should operate when you are asked to support an eviction process,” he added.

Holness however sought to make a clear distinction between the Government’s responsibility for policy and the operational decisions of the police.

“No prime minister or minister of national security can direct police operations. I want that to be clear,” he said in making the distinction. “So, we guide policy; we don’t interfere with operations.”

He acknowledged however that the events at Coopers Pen demonstrated the need for stronger guidance, while hinting that the requisite guidance was missing on the morning of August 11.

“What is clear is that the operation, as it was executed, needs policy guidance, and that is where I come in as your prime minister to make sure that subsequent operations are done according to the law and with respect for your dignity and your rights,” he said.

RIGHTS VIOLATED

Following the demolition, which was preceded by a police operation in which more than 20 men were taken into custody by the police and then released without charge at the end of the exercise, the residents claimed that the rights of the men were violated.

According to Holness, in cases where a landowner obtains a court order to repossess property, the order must be executed through the appropriate legal process. He said a bailiff may seek assistance from law enforcement where there are concerns about maintaining peace and protecting life and property.

“So, yes, the police have the right to support the eviction, to give support to the eviction process,” he said, while also noting that the security forces’ role in enforcing a lawful court order must be balanced with the rights and dignity of affected residents.

Holness’ proposed policy review is expected to address how the security forces should operate when providing support during court-authorised eviction and demolition exercises, particularly where there are concerns about public safety, property and the treatment of occupants.

Arising from their arrest on the morning of the demolition, nine of the men are suing the Government, alleging breaches of their constitutional rights. The case was filed in the Supreme Court by the law firm of Donnovan Collins & Company, which is seeking damages for false imprisonment and assault.

The men claimed that armed mask-wearing police personnel entered their homes around 3 a.m. and detained them for about 13 hours without explanation or charges. They allege their detention prevented them from assisting their families or saving personal belongings that were destroyed during the demolition.

albert.ferguson@gleanerjm.com