JFJ's vision for Ja's justice system

Gomes

Today's article is the speech Dr. Carolyn Gomes delivered at JFJ's Justice Forum last Wednesday, at which representatives of the PNP, JLP, NDM/NJA and UPP participated.

GOOD EVENING, ladies and gentlemen, and welcome to the 2002 Justice Forum organised by Jamaicans For Justice. Mine is the task of presenting to the audience our organisation's vision for Ja-maica's justice system given what a justice system should do and the present realities in our beloved island. JFJ believes that a justice system should be built on certain fundamental principles. We believe that the two principles that should underlie any issue of governance are 1) The equality of every single individual and 2) the primacy of that individual's human rights. Therefore the purpose of a justice system is first and foremost the protection of every single individual's rights in a context of the equality of every single individual before the law. For a justice system there is another maxim which must be carefully considered and that is that 'justice delayed is justice denied'.

Our work as an organisation over the last three years has brought home to us very forcefully that, at this time in Jamaica, there is an abject failure of the justice system to provide protection for people's rights in a context of equality of access and treatment and in a timely fashion. The experience of those who interact with the criminal justice system, be they jurors or witnesses, plaintiffs or accused, prosecutors or defence counsel, or court staff or police is almost universally negative. People who interact with the Justice system should leave feeling they have been part of a process that defended their dignity and rights and which produced a result that was just. But this is not the common feeling in Jamaica.

Our purpose tonight is not, however, to point fingers and apportion blame. Our purpose tonight is to face squarely and honestly where we are and to search for solutions. With an upcoming general election the search for solutions must involve those who would wish to form the next government.

The justice system must be seen to belong to the people. We must never feel that the justice system is the domain of any one government, any one political party, or any one interest group. The justice system belongs to the people, not the judges, not the lawyers, not the ministry of justice, but all the people. If we cannot see it working in this way, belonging to us in this way, then we will lose faith in it, we will turn to alternate systems (as is already happening) and we will end up as a country in a complete state of anarchy. Such is the importance of the issue of justice.

Some of the matters we hope to see discussed tonight by the political party representatives are:

What they will do to address the huge backlog of cases at all levels of the court system. As one single example the Coroner's Court for Kingston and St Andrew has a backlog of 600 cases, some stretching back almost 20 years. What are their plans and timelines for addressing this issue?

What they will do to address the massive lack of resources in the justice system? How will they provide the additional judges and resident magistrates, the stenographers, clerks of the court, computer resources that are so desperately needed? How do they plan to enlarge the pool of jurors and encourage citizens to play their role in improving the delivery of justice? What role do they see for legal aid?

We hope to hear from the representatives on the platform if they feel that the justice system requires a comprehensive overhaul, and if so how do they propose to do it? What time lines do they set for this overhaul and for improving the delivery of justice?

We also hope to hear tonight how each of the parties will deal with some of the upcoming challenges to the nation. Challenges such as the introduction of new courts, and the implementation of a new Charter of Rights. We need to hear, for example, what are the principles which underlie each party's approach to the introduction of a final Caribbean Court of Appeal separate from a trade court for settling disputes within CARICOM. Will the principle of the sovereignty of the individual and their right to be involved in making decisions about matters that affect their rights be the one that will be used?

Finally, ladies and gentlemen, we would like to put on the table Jamaicans for Justice's position that in every issue that affects our governance, and even more particularly, in issues that deal with the delivery of justice, the people must be first, last and in-between. We can not move forward until we respect the people, consult the people, listen to the people, and act based on what works for the people. Every single citizen of Jamaica, be he from Trench Town or Cherry Gardens, be he from Seville Heights or Flankers, be she from Tivoli Gardens or Hope Pastures, must expect and get, a justice system which respects the individual and their rights. A justice system which works for the preservation of those rights, and which delivers justice in a timely, transparent and efficient manner for every citizen of Jamaica.

You may contact Jamaicans For Justice at ja.for.justice@mail.infochan.com or visit their web site at jamaicansforjustice.org