Just over three years ago, on 11th February, 2009, you published a letter from me that discussed the issue of police complaints.
In that letter I drew parallels with the United Kingdom system where there is an Independent Police Complaints Commission. While not advocating the establishment of what would be a costly complaints board in the Cayman Islands, suggested that with the addition of knowledgeable staff, the Office of the Complaints Commissioner was ideally placed to oversee minor police complaints and manage investigations into those at a higher level.
I still believe, despite the Police Law (2010 Revision) indicating the establishment of a dedicated police complaints authority, that the right path for a small jurisdiction would be the OCC.
From my experience working within police complaints and with an academic interest in this area the establishment of a dedicated body is one fraught with difficulties: Cost clearly, and the need to ensure that the body has all the right powers to deal with the myriad of issues that will come to its door.
It needs to be able to ensure fairness in the dealing with low level complaints where no more than words of advice to an officer is required or an apology to the victim. It needs to be able to manage investigations carried out by the Royal Cayman Islands Police Service to ensure the integrity of the outcome. It needs to be able to mount investigations into the most serious cases without involving the RCIPS, usually with investigators brought in from outside.
To do all this would not, in my view, be cost effective for a policing system such as found in the Islands.
I would urge the government to consider bringing forth legislation to enable the OCC to take on board the work of a police complaints authority with the minimum of delay.
To delay this matter further brings no comfort to either those who have made complaints or those who might be the target of such complaints and the situation remains totally unsatisfactory even after three years.
Ashley Tiffen
University of Cumbria
Carlisle
United Kingdom
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Ashley
If I may, please accept these comments on your excellent letter, coming from someone who knows how the Cayman Islands operates, very well…the evidence will be offered later on, in my response.
First and foremost, your comments are made with the understandable assumption that British law in regards to police complaints and discipline is applied in the Cayman Islands, the same way as it is in Britian…I’m sorry to disappoint you, but it isn’t, although with both countries operating under the very same EHRC laws and regime, you would have every right to believe that it would.
The fact that it doesn’t has to be laid at the door of the UK Foreign Commonwealth Office, as much as at the door of Cayman’s political and police authorities…and particularly at the door of any sitting Governor in the Cayman Islands…this situation has existed since the 1960s, almost 50 years now.
Now my own personal experience…
Within a 18 year period, while living in the Cayman Islands, I have had to make 3 serious complaints about police officer abuse, which in the first 2 cases involved purely personal vendettas on the part of these police officers, one which involved a personal threat.
The Office of the Complaints Commissioner (the OCC), had just been established around the time of the first incident (1993/94) and without knowing any better, I assumed that the OCC was capable of dealing with police complaints, along with the complaints against other Govt. Depts.
On attempting to make my complaint, I was duly informed that the RCIPS was the ONLY govt. dept. that the OCC was not allowed to accept and investigate complaints against.
Assuredly, I duly found out that my complaint needed to go directly to the British High Commission in Jamaica and it most certainly did and was acted upon…result?
No further problems from those two police officers, ever again…a few dirty looks maybe, but that was where the matters ended.
My point is that the lack of a proper police complaints system in Cayman is INTENTIONAL and that a person needs to know what to do about having his/her complaints accepted by independent authorities IN THE UNITED KINGDOM, should they have a legitimate problem with Cayman’s police.
Unfortunately, most of Cayman’s citizens do not know how to go about this as well as I do…
I’ve had only one major promlem in recent times and it has been handled as effectively as the others were.
I can ASSURE you, that I am treated with respect by ANY member of the RCIPS when in Cayman, 99% of the time…they are very well aware of the consequences, otherwise.
Cayman’s citizens need to take responsibility for knowing EXACTLY what do about their issues and complaints against the RCIPS and its employees.