Mario Deane’s Independence Day Death and Mental Health

Investigations continue into the beating of Mario Deane at the Barnett Street police lock-up in Montego Bay and his subsequent death on Independence Day (August 6). There are many areas of deep concern that must be addressed – and not in a superficial, “band-aid” way either. We know – everyone knows – that Mr. Deane is one of a number of Jamaicans who have suffered, endured abuses of their human rights and died in police lock-ups over the years. We should note that Mr. Deane had not been charged with any crime and his friend had reportedly been turned away when he came to bail him out. As some details have emerged in the media, the circumstances of Mr. Deane’s death become even more worrying.

Human rights abuses in Jamaica’s prisons and lock-ups are regularly documented in annual reports compiled by various local and international entities. Every year, in fact. These reports have been basically ignored by successive Jamaican administrations, although the terrible conditions are well-known to many Jamaicans. Those who work in the government security agencies, non-governmental organizations such as Jamaicans for Justice, and the Justices of the Peace who regularly visit the lock-ups – all of them know that conditions are bad. Little or no action has been taken, over the years. Police lock-up conditions are similar to what was called “The Black Hole of Calcutta” – a small dungeon in the Indian city where prisoners of war were confined, resulting in many deaths. So the story tells us, and this happened in 1756. We are now in the 21st century but little progress has been made in Jamaica.

In its Executive Summary for 2013, the U.S. State Department Human Rights Report for Jamaica notes: “The most serious human rights issues were alleged unlawful security force killings; cases involving the violation of rights that were not resolved in a timely way; and poor prison and jail conditions, including abuse of detainees and prisoners and severe overcrowding.” Read more at: http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper  This is just one report, and as JFJ notes in its press release below, these conditions have been routinely documented and reported.

As the tragic story unfolded, another issue of growing concern is the plight of Mr. Deane’s fellow inmates, two of whom have been charged with his beating. These two are reportedly mentally challenged, and there was a third (called “Dummy”) who is a deaf-mute man. How could these people who are already facing so many challenges be locked up in the 19th century lock-up, which the pathologist called ? How many other disadvantaged, poor Jamaicans are locked up in this way, without proper medical care and treatment? The two accused men must have adequate legal representation; and, with all other mentally challenged detainees and prisoners, appropriate medical management.

Dawn Marie Roper, Chair of Mensana, a local non-profit organization, recently wrote to the local newspapers as follows:

The Editor / Sir:

Mensana Jamaica Stands With Family of Adrian Morgan

It was deeply moving to see the CVM TV news coverage of a demonstration in Whitehouse by the family and supporters of Adrian Morgan, a mentally ill man accused of murdering Mario Deane. What is being done to Mr. Morgan is a clear case of injustice against the mentally ill.

Mr. Morgan’s mother described the difficulties she experienced in locating him when he was found to be missing, the unexplained wounds to his body, and now the accusations made against him in his diminished capacity to defend himself against these accusations.

Mental health is a concern for all of us as almost every family in Jamaica is affected. Mensana Jamaica, a support group of the family members of persons living with mental illness, stands in complete support of Mr. Morgan and his family. We deeply sympathise with you and we completely understand what you are going through.

It is high time that the scape-goating of persons with diminished capacities to defend themselves (yes, we are calling it that) stops.

To the mother and grandmother of Mr. Morgan and the other supporters who demonstrated for justice in Whitehouse, Westmoreland yesterday, our hearts go out to you in this terrible time, and we stand with you wholeheartedly in your calls for justice. We call on all Jamaica to do the same as mental illness is no respecter of persons.

Sincerely

Dawn Marie Roper

Chair

MENSANA JAMAICA: Mental Health Support Group

For a whole mind, body and spirit

Mensana’s mission: Training and information sharing to help family members and caregivers cope, advocacy to improve national services and public education to reduce stigma and discrimination.

Founded in 1997, Mensana holds support meetings every second Saturday of the month from 10:00am – 12noon at
11 Caledonia Avenue, Kingston 5 (To rear of NEPA premises by the Society of Friends (Quakers). Mailing address: 
c/o 46 Lady Musgrave Road, Kingston 10. Tel: (876) 340-8837; email: mensanajamaica@gmail.com

Here is JFJ’s most recent statement on the Mario Deane issue and the issue of conditions in Jamaica’s prisons and lock-ups, in general: 

Thursday, September 04, 2014, Kingston, Jamaica – Jamaicans for Justice (JFJ) wishes to congratulate the Ministers of Justice and National Security on taking some steps to correct the systemic problems plaguing police lock-ups and correctional and remand facilities. We note the recent announcement of the formation of three ‘working groups’, each headed by a governmental entity, and each tasked with specific responsibility to present a draft report and recommendations by the end of September.

Over the last fifteen years, JFJ has witnessed, documented and reported on Jamaica’s detention practices, especially in relation to police lock-ups, have adversely affected the lives of many Jamaicans. In fact, complaints from members of the public about arbitrary detention and abuse inside lock-ups outnumber any other issue we have dealt with as an organization. It is an incontestable fact that Jamaica’s general detention practices breach Jamaica’s own constitution and Jamaica’s laws including the Bail Act and the Constabulary Force Act, as well as international human rights standards. This patent violation has been consistently recognized by both the Inter-American Commission of Human Rights and the United Nations for the past decade in reports to the government.

JFJ must note for the record the issues affecting police lock-ups and those affecting prisons are distinct and should not be confused. JFJ is disappointed with the decision to marry the issues of police lock-up and prisons, which serve functionally different groups of people, and are currently administered by different government bodies. By marrying the issues, we are conflating those who are convicted with those who are un-convicted. This reinforces the belief of many within the society that there is no distinction between the two groups, and that detained persons are ‘guilty till proven innocent’.

We would therefore strongly suggest a separate focus by the sub-committee on detention practices and conditions inside lock-ups, especially in light of the unique issues faced by pre-trial detainees who are often wrongly called ‘prisoners’. The protections and standards for individuals in pre-trial detention settings are well established in international human rights instruments, and ought to be adhered to. The entrenched disregard of these and their absence in domestic legislation have led to the abuse of far too many Jamaicans.

Over the last few decades, numerous Jamaicans have lost their lives in police lock-up, including Agana Barrett, Ian Forbes, Vassell Brown, Kamoza Clarke and now Mario Deane. There are also the numerous untold stories of the unspeakable irreparable damage done to persons in police lock-ups, many of whom were released after protracted periods of time without ever facing a single charge or after being proven innocent.

This Government’s current study of the detention issue is a signal step, which can be a turning point in how persons in detention are treated. It could eventually help us as a nation to correct some of the systemic injustices meted out by a detention system in need of serious reform. JFJ stands ready to offer any support it can to the case for reform. Too many Jamaican have died in police lock-ups for us to settle for anything less. JFJ is committed to do its part to correct this grave problem since we are of the view that injustice to one is injustice to all.

By the way: Have the many churches in Jamaica made any comments of any significance on the case of Mario Deane? Well, I believe there were a couple of statements, made very belatedly – and only after the noise surrounding the case grew louder.The Jamaica Umbrella Group of Churches made a statement (“It is indeed an unfortunate situation”) – nine days after Mr. Deane’s death. Otherwise, I am afraid our religious leaders might have been largely silent. (Am I being unfair? I think not). A gentleman called Dr. Jepthah Ford said on radio today he had written to many church people on this specific matter in the past, and only received responses from two. A week ago, Member of Parliament Raymond Pryce urged the Christian church to “come out and start talking about these things” just as it had raised its collective voice on other issues in which they have been much engaged – casino gambling, a flexible work week, abortion and of course, what they call “the gay agenda.” All these issues are of far more concern to our churches than the way in which poor black Jamaicans (mostly young men) are treated on a daily basis in our prisons and lock-ups.