JFJ criticises government for deciding to appeal court’s ruling about unconstitutional use of SOEs
Human rights lobby group Jamaicans for Justice (JFJ) has expressed disappointment with the posture taken by the government to appeal today’s court ruling about the States of Emergency SOEs.
The court determined that repeated use of the measure over a 5 year period was unconstitutional.
The court explained that there is logic and good sense in the assertion that a state of affairs which persists over a period of years cannot properly be described as an emergency.
JFJ Executive Director Mickel Jackson, also took note that the court deemed 3 rolling proclamations as a breach of the separation of powers.
Ms. Jackson pointed out that this tactic was a deliberate breach of good governance, seeking to undermine constitutional provisions requiring parliamentary oversight for SOE extensions.
Also of note, is that the court took into consideration the matter relating to Everton Douglas Et Al.
In this case, which the JFJ assisted with, the court ruled that the detention of five men under SOEs, was unlawful and unconstitutional.
Ms. Jackson said this decision reaffirms the rule of law and the protection of fundamental rights enshrined in Jamaica’s constitution.
Ms. Jackson said the government’s intention to appeal, and its stated satisfaction with the conduct of parliament and the Governor General, disregard the court’s clear findings on constitutional violations and risk perpetuating unlawful practices that harm vulnerable Jamaicans.
She is urging the government to respect the court ruling, priorities lawful policing, and continue investments in rights-respecting solutions to address crime.
0 Comments