[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.4.1″]
Following the initial statement issued on Friday June 14, 2019, the Ministry of Foreign Affairs wishes to expand its position on the issue, and to update the public, having conducted further research on the circumstances surrounding the case of four Jamaican men, who it recently learnt have brought a case against the United States Coast Guard.
Firstly, the Ministry can confirm (as was stated in the Senate on June 14) that there is no record of any complaint of mistreatment lodged with the Jamaican Government by the five (5) men since the time of their arrest by the US authorities in 2017, including during their deportation from the United States in 2018, when they engaged directly with the staff of the Consulate-General in Miami, nor on their return to Jamaica. It is also regretted that the family of the men did not report them to the Ministry as missing, as has been done in many prior consular cases.
Notwithstanding these facts, the allegations having now come to its attention, the Ministry reiterates the seriousness it accords to promoting and protecting the rights of Jamaicans at home and abroad at all times as an essential pillar of its foreign and domestic policy. This is the consistent work of the Ministry. In fact, the public might recall the significant efforts by the Ministry in this regard, including the repatriation of 28 fishermen from Colombia last year.
Having become aware through the media of this current case (WEIR V. U.S) before the court in the United States, the Ministry will therefore monitor the process, which appears to benefit from strong legal and institutional support.
In an effort to be able to assure the public that appropriate procedures are being followed to protect the human rights of our citizens in respect of Ship Rider Arrangements, the Ministry is also in discussions with the United States through its Embassy in Kingston.
Public discourse has also raised the question of the circumstances under which the men were arrested and deported.
Records reflect that:
- In 2017, waiver of jurisdiction was requested and granted pursuant to the 1997 Agreement between the United States and Jamaica Concerning Cooperation in Suppressing Illicit Maritime Drug Trafficking/the Maritime Drug Trafficking (Suppression) Act 1998. These arrangements are usually referred to in the public as “the Ship Rider Agreement”.
- Four of the five men arrested in such circumstances in 2017, are now identified as the persons bringing the case against the United States Coast Guard of mistreatment.
- Standard protocols under the Agreement were followed in that the waiver was granted
- based on information provided to the government regarding suspicion of trafficking in contraband, the location of the vessel, the Jamaican registration of the vessel and nationality of the crew; and
- on the conditions that the health of the Jamaican citizens were guaranteed; the men would have a right to consular access and representation, in keeping with International Law as well as US domestic law, unless they expressly declined to avail themselves of these rights; and the men would have the right to legal representation in any criminal cases in the United States.
We wish to assure the people of Jamaica, that its government will always seek to ensure that where it is established that human rights violations have occurred, there is justice for our citizens.
The Government also values its partnerships which seek to address our very real capacity issues in addressing the scourge of illicit activities carried out in
our surrounding waters which impact on national violence and crime. We do so, however in the expectation that international standards will fully apply to the arrests, detentions and prosecutions thereunder. These remain our underpinning obligations to the people.
[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
