Members of the Jamaican Bar Association (JBA) have issued a warning to Government that they are in opposition to any constitutional amendment that would reverse the five-year rule over death penalty cases.

In a statement issued after an extraordinary meeting of the bar association last weekend, the attorneys said they were against any "move to amend the Constitution of Jamaica (so as) to effectively reverse court rulings, which have established that any death sentence imposed by a court must be carried out within five years".

The meeting had been called in response to the Government's push to resume hanging in Jamaica as soon as possible.

Retain capital punishment

On November 25, the Jamaican Parliament, by majorities of 34 to 15 and 36 to 15, voted to retain capital punishment. The vote, however, did very little to change the rigorous procedures to which the government must comply, between the arrest of a criminal and his execution, which has guaranteed the redundancy of the gallows for more than 20 years.

The 'problem' arose in the Pratt and Morgan case in which the Judicial Committee of the Privy Council (JCPC), Jamaica's final court of appeal, held that any delay in excess of five years would constitute 'cruel and inhumane treatment', contrary to the Constitution of Jamaica. It was the straw that broke the hangman's back and it is now a great mountain impeding Jamaica's ability to execute prisoners at will. It is this mountain that some are calling on the Government to quickly bulldoze.

The members of the bar association, however, are arguing that prisoners should not be robbed of their fundamental rights because the state is failing in its obligation to speedily try, convict and move them through the system.

"The proposed removal of the time limit, now established by law, is an admission of the failings of the system of justice and, in particular, the chronic delays arising out of the inefficiencies in the administration of justice," the members of the bar association said in their statement to the media.

Appeasing genuine concerns

"The high rate of crime must be addressed but in ways which do not stop at appeasing genuine concerns but, rather, extend to long term and fundamental solutions," they said.

The attorneys further warned that the "government should be slow to tinker with constitutional protections, which are entrenched for the protection of all citizens," but instead should concentrate attention and resources on correcting the problems that currently exist. They suggested that Parliament should focus on addressing the findings and recommendations of the "Justice Reform Task Force as well as in addressing the socioeconomic conditions, which lead to crime."

andrew.wildes@gleanerjm.com