Dear Mr Earl Witter,
Residents of Tivoli Gardens and west Kingston who suffered personal injury and property damage wish to find out precisely what steps you have taken regarding state compensation for their suffering:
(1) Have you recommended to the government that there needs to be a COMPREHENSIVE SETTLEMENT for these damages?
(2) What is your legal assessment of the 80 to 100 million dollars paid out by the previous administration to some residents for property damage and burial grants etc?
(3) Do you regard these payments as an admission of liability and if so should the present government be guided by this admission?
(4) Has your office done a COMPREHENSIVE MONETARY ASSESSMENT of the damages and would you be willing to provide some information or indication as to how you have arrived at your assessment figure?
(5) In regard to personal injuries have you done an assessment as to how many people were injured, and perhaps the circumstances? We are aware of several who were crippled and incapacitated by actions of the security forces.
(6) Would you be prepared to share with us and the public what your records reveal?
(7) Have you or are you prepared to recommend that government adopts a compassionate approach and IMMEDIATELY deal with the suffering of these people?
(8) Given that your report concludes that there is prima facie evidence of extrajudicial killings, is your office prepared to facilitate wrongful death civil suits against the government?
(9) Are you prepared to acknowledge that you erred when in your Report you stated that the International Criminal Court has no jurisdiction over the crimes committed by the state in 2010 and, do you now recognize that under Article 12(3) of the ICC Statutes which Jamaica signed (but not yet ratified) the government can refer to the matter to the ICC?
(10) Are you now prepared to publicly acknowledge that due to (a) an implicit state policy of impunity for extrajudicial killings by the security forces; due to (b) the fact that it would be impossible to identify any individual solider or policeman for the killings which took place; due to (c) Jamaica's judicial practice, contrary to international law, of not prosecuting those who have 'command responsibility' for the crimes committed by the security forces; and due to (d) the fact that a prima facie case can be made that those who had 'command responsibility' facilitated 'crimes against humanity' during the operations (your Report calls for them to be specially investigated), that the proper recourse would be for the government to turn over the investigation and prosecution to the ICC?
(11) In light of the foregoing, are you NOW prepared to publicly recommend that the government turn over jurisdiction of the investigation to the ICC, especially since the government is preparing to release its terms of reference for the enquiry which does not contemplate the involvement of the ICC?
(12) Are you NOW prepared to publicly acknowledge that any Commission of Enquiry which does not involve the ICC CANNOT result in the prosecution of anyone for the heinous crimes committed in west Kingston in May 2010, and would be tantamount to a whitewash of state terrorism?
I eagerly await your reply.
on behalf of the
Licence to Kill: Tribute to Kayann Lamont