I refer to your editorial of June 29 and would like to correct a few misconceptions about the Caribbean Court of Justice (CCJ) stated in the editorial.

1. No refund: Jamaica, like the other contracting parties, provided part of the seed capital through a loan with the CDB (US$26m). The CDB raised all the seed capital (US$100m) and then passed the funds over to the CCJ Trust Fund. This money cannot be touched or recovered by any party, including the CDB or member states, and is to be used solely for financing the capital and operating expenses of the Court. This mechanism was adopted to preserve the independence of the Court by preventing contracting parties threatening to withdraw from the Court, in order to influence its decisions.

The relevant clauses are as follows:

Article XXXVII - Agreement Establishing the Caribbean Court of Justice

(i). A Contracting Party may withdraw from this Agreement by giving three years' notice in writing to the Depositary who shall promptly notify the other Contracting Parties accordingly, and the withdrawal shall take effect five years after the date on which the notice has been received by the Depositary, unless the Contracting Party before the withdrawal becomes effective, notifies the Depositary in writing of the cancellation of its notice of withdrawal.

(ii). "A Contracting Party that withdraws from this Agreement undertakes to honour any financial or other obligations duly assumed as a Contracting Party; this includes any matter relating to an appeal filed before withdrawal becomes effective".

Article XII - Revised Treaty Establishing the CCJ Trust Fund:

"The Fund shall enjoy immunity from every form of legal process. Its property and assets, wheresoever located and by whomsoever held, shall be immune from all forms of seizure, attachment or execution".

2. CCJ is completely inaccessible to Jamaicans: Jamaica cannot even use the CCJ in its original jurisdiction because the relevant Act has not been proclaimed. See Anthony Hylton's article in The Sunday Gleaner of June 28: Hylton said that to use the CCJ "would require the Government of Jamaica to bring into force domestically the law implementing the treaty, which it has so far failed to do."

3. Support growing for the use of the CCJ: The Jamaica Bar Association passed the following resolution at its 29th AGM (2009), in support of the full utilization of the CCJ:

"BE IT RESOLVED that this Annual General meeting calls upon the government of Jamaica and the other treaty states to address the outstanding obstacles to Jamaica's participation in the Caribbean Court of Justice at the appellate level; to take appropriate steps to increase the insulation of the court from political interference; to make the court more accessible as regards cost and jurisdiction and in particular to entrench the Caribbean Court of Justice on the basis of the recommendations of the Jamaican Bar Association and the decision of our highest Appellate Court."

I am, etc.,

Rollin Bertrand