Jamaican government under fire over draft fingerprints bill

Monday, October 13, 2003

KINGSTON, Jamaica: A draft bill, which seeks to provide the legal authority "for the fingerprinting and photographing, without a Court Order" of persons taken into custody in connection with certain offences in Jamaica is creating a firestorm. 

CMC yesterday reported that the parliamentary opposition has strongly rejected the government's attempts to introduce the controversial new fingerprints legislation. 

The proposed law will allow police officers, from the rank of inspector up, to authorize the fingerprinting of suspects detained, without requiring the consent of the court. 

The news agency quoted opposition spokesman on justice, Mr. Delroy Chuck, as saying that his Jamaica Labour Party would not support the bill as currently constituted. 

Mr. Chuck said the provision removes an important safeguard. While expressing full satisfaction with the current arrangement, adding that if there was going to be any change in the law, the opposition would insist "that the authority to approve such fingerprinting should rest with a judicial officer, and before the fingerprinting is approved, there should be a hearing, whether in chambers or in open court, which would allow the accused person, or his attorney, to respond to any request from any request" for fingerprints to be taken. 

The opposition, he said, was very concerned about the rights and freedoms of citizens being whittled away, "especially by placing powers in the hands of the police, bearing in mind that the powers the police now possess, they have not utilized efficiently and properly over the many decades". 

The Jamaican Bar Association agrees. In its presentation to the parliamentary committee reviewing the bill, the JBA described the measure as a "fundamental departure from the law, as we know it". 

In its written submission to the Committee, the Bar Association argued that, if enacted, the new law would constitute an abuse of the individual's rights. 

The association painted a picture of the suspect having his photograph taken, though "never charged with a crime, while in police custody, separated from family and with no guarantee of legal representation". 

These fingerprints and photographs "may be taken and made use of in ways and for purposes not disclosed to him and which ultimately may import on his civil rights", the Bar Association warned. 

Attorney-General, Mr. A.J. Nicholson, has strongly defended the legitimacy of the measure, pointing to other jurisdictions within and outside of the Commonwealth, which have long had similar provisions in their laws. 

But this has failed to mollify the critics, who have vowed to continue opposing the measure.  

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