From left: Some of the persons allegedly killed by the police between 2009-2011 – Reginal Jean aka Bage; John Baptiste McFarlane aka “Epic”; Allan Lenny Louisy aka “Alcapone” and Mitchel Cadette aka “Apache”.
Prime Minister Dr. Kenny Anthony explained in detail what led to the investigations of the alleged extra-judicial killings from 2009-2011, in his 27-minute address to the nation on Sunday, March 8.
Below is the excerpts of his speech on the background:
“During the period between 2008 and 2010, Saint Lucia experienced an unprecedented wave of homicides and violent crimes, particularly in the northern half of the island. Our citizens were deeply disturbed by these horrific crimes and the seeming helplessness of our law enforcement agencies to bring them under control.
“On May 30th, 2010, in an address to the nation, former Prime Minister Stephenson King launched what became known as “Operation Restore Confidence”, ostensibly to restore confidence in the Police Force and to provide a safer environment for the citizens of Saint Lucia. The former Prime Minister warned criminals that “There will be no refuge, no stone will be left unturned and there will be no hiding place for anyone.”
“The former Prime Minister announced the formation of a Special Task Force of Police Officers and a change in the command structure of the Royal Saint Lucia Police Force. The Commissioner of Police, Mr. Ausbert Regis was transferred, albeit unlawfully, and replaced by Assistant Commissioner of Police for Crime, Mr. Vernon Francois, initially in an acting capacity. Mr. Francois was subsequently confirmed in his position by my administration. Several other appointments were made but for the purposes of this address it is not necessary to mention them here.
“The Task Force quickly became fully operational. It was placed under the direct command of the Deputy Commissioner of Police in charge of Operations, Mr. Moses Charles.
“When these decisions were taken, ministerial responsibility for the Police was assigned to the former Minister of Home Affairs, Senator Guy Myers who briefed the public on the changes effected by his Government.
“Between 2010 and 2011, twelve persons met their deaths following encounters with officers of the Royal Saint Lucia Police Force. The largest number of the civilian casualties occurred in the Castries Basin, allegedly during the execution of duly authorized search warrants.
“These deaths attracted the attention of the United States of America, among others. In their Country Report on Human Rights Practices in Saint Lucia for 2011, the US State Department reported, among other things, that “the most serious human rights problems included reports of unlawful police killings” [Page 1]. The same Report added that there were “12 potentially unlawful fatal police shootings during the year.”[Page 1]
“APPLICATION OF LEAHY LAW
“Consequent on the State Department’s Report, the United States Government proceeded to apply to Saint Lucia what has come to be widely known as the “Leahy Law.” There are three key provisions of this law, appearing in different Acts, all of which are of concern to us.
“The first states that “ No assistance shall be furnished … to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.”[Section 620M of the Foreign Assistance Act of 1961, as amended].
“The second goes on to say, “None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken.”[DOD Appropriations Act for FY 2012(Div. A, P.L.112-74), Sec.8058.]
“The third provision states that where funds are withheld from any unit “the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.” [Foreign Assistance Act of 1961, as amended, section 620M.]
“Upon application of these foregoing provisions, the United States ceased all financial and technical assistance to our Coast Guard. This meant that the Government of Saint Lucia was now solely responsible for the maintenance of its Coast Guard Fleet. Other sanctions soon followed. The Government of Saint Lucia could not purchase ammunition from the United States for its American made weapons. Members of the Royal Saint Lucia Police Force could no longer participate in any training programme sponsored or financed by the United States. Our Police Officers were also denied participation in training activities in the Regional Security System (RSS), our own regional organization, once the training programme was sponsored or financed by the United States.
“There were still more consequences. The visa of the former Deputy Commissioner of Police, Moses Charles was revoked. It is to be recalled that he was in charge of Operations when the alleged “extra judicial killings” took place. Further, though the visa of the Commissioner of Police, Vernon Francois, was not revoked he was nonetheless denied entry to the United States even to attend security meetings with officials of the United States.
“The stark reality we confront is that the United States will only lift those sanctions if in their judgment “all necessary corrective steps have been taken.” The fact remains that for a tainted unit or member of such a unit to become eligible for training again, the Secretary of State must determine and report to the United States Congress that the Government of the affected country, in this case Saint Lucia, is taking effective steps to bring the responsible members of the security forces unit to justice.
“In effect, if the sanctions are to be removed, we must show proof that we are taking corrective steps to deal with the situation.
“IMPACS INVESTIGATION
“Faced with these very serious national security issues and the urgent need to confront a problem that was compromising the integrity of our country, I announced on August 30, 2014, that the Government had secured, through the CARICOM Implementation Agency for Crime and Security (IMPACS), the services of a team of investigators from the Jamaican Constabulary Force to investigate all instances of alleged “extra judicial killings” by members of the Royal Saint Lucia Police Force.
“The team comprised eight investigators. Included among them were a ballistic expert, a legal advisor, a data entry specialist, a cyber-crime analyst, and detective investigators.
“Since the receipt of the report, the Cabinet of Ministers has been studying its implications and recommendations. A copy of the report has also been shared with the United States Government.
“There are those who glibly suggested that the government simply make the report a public document. Others have pronounced that we lacked the courage to implement, in total, the findings of the report. I reiterate that neither this Prime Minister nor the Government that I have the honour to lead will shirk its responsibilities in ensuring that our country abides by the rule of law.”