Indecom Case Study

This is an appeal from the Supreme Court decision at CLAIM NO. 2011 HCV06165. The Claimants, respectively sought administrative order and/or constitutional redress under Section 25 of the Constitution of Jamaica. They contended that the provisions of Sections 13 (3) (a), 14 and 19 of the Constitution are likely to be contravened by the first Defendant in relation to them. The relief claimed by the Claimants against the first Defendant are as follow:

i. A declaration that Section 20 of the Independent Commissions of Investigations Act 2010, construed against the provisions of Sections 13 (3) (a), 14 and 19 of the Constitution does not confer on the Defendant, the power to arrest and/or charge anyone for any criminal offence, or for the offence

Whether Indecom has all the rights of a police officer.

6. Whether or not Indecom is a legal person or an extension of the legislature.

7. Whether or not the controls which exist by law and constitution to the police officers in the exercise of their powers apply to Indecom.

8. Whether or not to ascribe all the powers of a constable to Indecom would encroach on the citizens

All persons are under a responsibility to uphold and recognize rights of others. This section relates to the entitlement of persons to the due process and protection of law.

Section 10 of the Indecom Act was also raised stating that the act does not only impact police officers but other public servants. The functions of the Commission were also pointed out, how an investigation may be initiated as well as the powers and privileges of the commission.

Mrs. Samuels stated in her submissions that the law has been specific to the tools of investigation to be carried out by the commission in investigations. She went on to state that if the commission was to exercise all the powers of a constable then the tools or powers would not be specifically listed in the Act. She illustrated her point by stating that the right to liberty is not specifically listed in the Act, but it is a right that everyone enjoys. That there is no room to say that the Commission has all the rights of a