Paula Llewellyn Public Prosecutions Jamaica

1 7/5/2011Paula V. Llewellyn, Q.C.- DPP (Jamaica)

TRANS-ATLANTIC SYMPOSIUM ON DISMANTLING TRANSNATIONAL

ILLICIT NETWORKS

MAY17-19,2011

LISBON,PORTUGAL

THREAT CONVERGENCE AND CURRENT THREAT CONVERGENCE AND CURRENT TRANSNATIONAL CRIME TRENDSTRANSNATIONAL CRIME TRENDS

A CARIBBEAN PERSPECTIVE:A CARIBBEAN PERSPECTIVE:FOCUSING ON COMBATING THE REGIONAL RISE IN FOCUSING ON COMBATING THE REGIONAL RISE IN

GANG VIOLENCEGANG VIOLENCE

BYBYPAULA V.LLEWELLYN, Q.C.PAULA V.LLEWELLYN, Q.C.

DIRECTOR OF PUBLIC PROSECUTIONSDIRECTOR OF PUBLIC PROSECUTIONSJAMAICAJAMAICA


THE DEVLOPMENT OF GANGS IN THE

CARIBBEAN


DEFINITION OF GANGSDEFINITION OF GANGS

United Nations definition of gang- “any group of persons coming together for some criminal purpose”.


BACKGROUNDBACKGROUNDJamaica is averaging 1500 murders and an equally high number of non-fatal shootings committed by criminals each year.In the last 10 years 12,954 murders were committed in Jamaica; 9,231 with the use of illegal guns. During some period 21,800 other serious crimes were committed with illegal gun.Over 80% of murders, shootings and other serious crimes such as robberies, car-jacking & stealing, contract killings, extortion, drug and gun smuggling is attributed to criminal gangs which is among the transnational illicit networks that exist throughout the Caribbean and by extension the world.


BACKGROUND (ContBACKGROUND (Cont’’d)d)There are over 202 criminal gangs in Jamaica about 12 producing majority of serious crimes. (Jamaica has a population of approximately 2, 695, 600).The police seized 5,661 illegal guns and 147,797 rounds of ammunitions and made 21,658 arrests for illegal gun and ammunition possession over same period.Serious crimes continue unabated with no apparent shortage of guns, ammunition or criminals ready to use them against citizens.


THE JAMAICAN ASSESSMENTTHE JAMAICAN ASSESSMENT

Jamaican Gangs/Posses are relatively homogenous, violent and ubiquitous.They have become a special set of social actors making social investment in neighbourhoods they control by performing some functions of the failing Jamaican welfare state (Manwaring 2008).Rooted in poverty, unemployment lack of social mobility, deportation, regressive politics.Gang actions if left unchecked would put Jamaica on a path of moving toward a “criminal state” or a “narco-state”.


CHANGING CRIMINAL ENVIRONMENTCHANGING CRIMINAL ENVIRONMENT

Jamaica's crime situation has experienced a radicaltransformation away from individualistic crime togroup crimes since the late 1970s. (Harriot 2003)

More co-ordinated violenceOrganized criminalityCriminals control and battle for turfWitness intimidation and eliminationSystematic undermining of law enforcementCrime now a major security concernLaw enforcement strategies and capacities no longer impacting positively on crimeBlurring of lines between crime and security



SPATIAL DISTRIBUTION OF HOMICIDES SPATIAL DISTRIBUTION OF HOMICIDES IN KINGSTON IN 2007IN KINGSTON IN 2007

EVOLUTION OF GANGSEVOLUTION OF GANGSFIRST GENERATION GANGS

Turf oriented loose and unsophisticated leadership.Motives are turf protection and petty cash acquisition.Mostly involved in opportunistic individual crimes.Lower end of extreme in societal violence.Most gangs operate at this level in normal societies.Even at this level Jamaican gangs display high level of ruthlessness.


SECOND GENERATION SECOND GENERATION GANGSGANGS

Organized for business and financial gains.Involved in drug trafficking; arms trade; market protection.Centralized leadership. Often experience violent leadership change.Operate over broader geographic areas, even on a trans-national level e.g. One Order, Clans, Yardie Possie, Shower Possie.Violence used to protect market control competition and political interference to negate effect of law enforcement (e.g. witness elimination, turf war).Dominate vulnerable community life in broad areas.Are linked with and provide mercenary services to insurgents.Overtly challenge state security and sovereignty; hence pose a national security threat.


THIRD GENERATION GANGSTHIRD GENERATION GANGSExpand geographical boundaries and commercial and political objectives.They control a larger market and variety of allies.Expand activities to smuggling people; body parts; weapons and vehicles.Associated with intimidation, murder, kidnapping and robbery; money laundering, home and community invasion and lucrative societal destabilization activities (Riverton City in Kingston, Jamaica).Control ungoverned territory and acquire political power, challenge state monopoly on political control (garrisons).


THIRD GENERATION GANGS THIRD GENERATION GANGS (Cont(Cont’’d)d)

Provide security and freedom of movement and thus facilitating the actioning of gang activities.Gang leaders act like warlords, insurgent leaders or drug barons (for example, Bulbie, Andem, Miller, Zeeks, Calvert and Dudus).Engage in mercenary activities and intrastate war or non-state war (One Order/Clans; Stone Crushers State).Challenge authoritative allocation of values (Max Manwaring-Author).Substitute criminal values of greed, extravagance, Conspicuous consumption, sex perversion, hooliganism.


CURRENT SITUATION IN CURRENT SITUATION IN JAMAICAJAMAICA

Gang Threat Asssesment Survey (2009) estimates that there are 202 criminal gangs, with approximately 2645members.

Criminal gangs have become an ingrained feature of the Jamaican socio-political fabric whereby they make social investments in some inner city/ghetto communities and acquire control by performing some critical functions of the state such as welfare and security.

• None of these gangs control any notable geographical space within the country. However, their centers of influence are located within small pockets within some inner city or depressed communities. All these areas can be accessed by the law enforcement entities at all times.

• The problem of gang violence has also manifested itself in other Caribbean islands and is in fact growing.



PERCENTAGE GANG RELATED MURDERS PERCENTAGE GANG RELATED MURDERS 20032003--20082008((Extracted from Gangs in Caribbean Presentation for CPFT 2010 : PExtracted from Gangs in Caribbean Presentation for CPFT 2010 : Prepared by Jamaican Delegation repared by Jamaican Delegation –– Min. NtMin. Nt’’l l

Security )Security )

Gangs T&TGangs T&T

Trinidad’s GangsThe twin-island nation now has more gun-related deaths than Jamaica and a murder rate (42 per 100,000).

Police estimate that the majority of these killings are carried out by the “roughly 80 gangs with a membership of no more than 1,200 people (population approximately 1.3 million)”.


http://www.stabroeknews.com/2010/opinion/editorial/01/09/trinidad%e2%80%99s-gangs/



T & T T & T -- Evolution of Evolution of ViolenceViolence

Gang violence has consumed Trinidad with terrifying speed.

Between 1998 and 2008 the number of murders has increased fivefold, from 98 to 550, and the number of guns seized by the police has risen from 140 to 437.


Delinquent Gangs Delinquent Gangs -- St. Kitts & NevisSt. Kitts & Nevis


Gangs have been in existence for many decades, but recently there has been a very significantincrease in their numbers, as well as an increase in the number of youths affiliated with gangs, gang-youth drug involvement and gang violence in the country. (Population approximately 49,898)

Their activity has become more violent and also a major social problem in the twin-island Federation of St. Kitts & Nevis. Some known gangs are:

1) The Bloods 2)The Crips

3) Black Night 4) River Side

5) Brown Street


HOMICIDES IN REGION HOMICIDES IN REGION (Extracted from Gangs in Caribbean Presentation for CPFT 2010 : (Extracted from Gangs in Caribbean Presentation for CPFT 2010 : Prepared by Jamaican Delegation Prepared by Jamaican Delegation –– Ministry of Ministry of

National Security) National Security)

Murder Rate by RegionMurder Rate by Region(Extracted from Gangs in Caribbean Presentation for CPFT 2010 : (Extracted from Gangs in Caribbean Presentation for CPFT 2010 : Prepared by Jamaican Delegation Prepared by Jamaican Delegation ––

Ministry of National Security )Ministry of National Security )


Impact of Crime Impact of Crime (Extracted from Gangs in Caribbean Presentation for CPFT 2010 : (Extracted from Gangs in Caribbean Presentation for CPFT 2010 : Prepared by Jamaican Delegation Prepared by Jamaican Delegation ––

Ministry of National Security )Ministry of National Security )


Rifles 6%

S.M.G. 3%

Shot Guns 3%

Home Made 18%

Pistols 49%Revolvers 21%

WEAPONS RECOVERED FOR THE 5 YEARS 2004 -2008TOTAL: 3247



GEOGRAPHIC & DEMOGRAPHIC GEOGRAPHIC & DEMOGRAPHIC CHARACTERISTICS OF VIOLENT CRIMES IN THE CHARACTERISTICS OF VIOLENT CRIMES IN THE

CARIBBEAN REGIONCARIBBEAN REGION

- Social exclusion

- High levels of unemployment

- Low educational achievement

- Youthful population

- Porous borders : high density of illegal guns; drug trade

- Slow economic growth

Reasons for ViolenceReasons for ViolenceDisputes over territoryDisputes over “business deals” gone wrong.Retaliation (for example, for rip-offs, for attacks on gang companions).Disputes over reputation (the Code of the Streets).


IMPACTS OF GANG VIOLENCE IMPACTS OF GANG VIOLENCE IN THE CARIBBEAN IN THE CARIBBEAN

Guns and gangs impact: school attendance,freedom of movement, economic activity, investment,access to public services,health sector cost


IMPACTS OF GANG VIOLENCE IMPACTS OF GANG VIOLENCE IN THE CARIBBEAN (ContIN THE CARIBBEAN (Cont’’d)d)

The challenges to law enforcement are significant.

The wide availability of guns make policing more dangerous and complicates tracking the weapons.


EXAMPLES OF THIRD

GENERATION GANG LEADERS

IN JAMAICA1 7/5/2011

Paula V. Llewellyn, Q.C.- DPP (Jamaica)

BULBIEBULBIEHead of Clansman GangHead of Clansman Gang Killed in Shoot Out Killed in Shoot Out

with the Police. with the Police.


JOEL ANDEM JOEL ANDEM Convicted of Gun Crimes. Serving 30 years in Convicted of Gun Crimes. Serving 30 years in

prison. prison.


CHRISTOPHER CHRISTOPHER ‘‘DUDUSDUDUS’’ COKECOKEExtradited in 2010 to the United States to Stand Trial for His Extradited in 2010 to the United States to Stand Trial for His Involvement in Transnational Crimes (that is, Drug and Gun Involvement in Transnational Crimes (that is, Drug and Gun

Offences).Offences).


LESTER LLOYD COKE AKA LESTER LLOYD COKE AKA ‘‘JIM BROWNJIM BROWN’’Former Head of Shower Possie Died in Prison While Awaiting ExtraFormer Head of Shower Possie Died in Prison While Awaiting Extradition to dition to

the United States to Stand Trial for His Involvement in Transnatthe United States to Stand Trial for His Involvement in Transnational ional Crimes (that is, Drug and Gun Offences).Crimes (that is, Drug and Gun Offences).


DONALD DONALD ‘‘ZEEKSZEEKS’’ PHIPPSPHIPPSConvicted of Double Murder on April 12,2006Convicted of Double Murder on April 12,2006

Sentenced to 30 years on Each Count.Sentenced to 30 years on Each Count.


ANTI-GANG RESPONSE


PROPOSED LEGISLATIVE PROPOSED LEGISLATIVE RESPONSES IN JAMAICA RESPONSES IN JAMAICA

Anti-Gang/ Organized Crime Legislation: Cabinet has completed the drafting of the Organised Crime Act to enable the security forces to more effectively tackle and dismantle gangs.

Utilizing the Plea Bargaining Legislation to:

o Develop and maintain confidential informants;

o Identify, infiltrate and dismantle drug and money laundering transnational networks;

o Create mistrust within the gang.



(Cont(Cont’’d)d)Right of Appeal should be granted to the

Crown in criminal cases. Legislative framework needs to be developed which will give the prosecution the right to appeal.

Notice of Alibi

Amendments to the Jury Act providing for the divided verdict in non-capital murder cases.



(Cont(Cont’’d)d)Proposed amendments to the Telecommunications Act to provide for the mandatory registration of a subscriber .

Mandatory registration of subscriber information:

This removes anonymity associated with the use of prepaid cell phones.

Amendments to the Proceeds of 1 7/5/2011Paula V. Llewellyn, Q.C.- DPP (Jamaica)


(Cont(Cont’’d)d)

Amendments to the Evidence Act to facilitate:

video link evidence and to obtain orders to extract DNA material from suspects as a matter of course.


LIST OF CARIBBEAN STATES WITH ANTILIST OF CARIBBEAN STATES WITH ANTI--GANG GANG AND PROPOSED ANTIAND PROPOSED ANTI--GANG LEGISLATIVE GANG LEGISLATIVE

FRAMEWORKFRAMEWORK

◦ Cayman Islands: Anti-Gang Legislation

◦ St. Kitts and Nevis: Anti-Gang Legislation

◦ Trinidad and Tobago: Proposed Anti-Gang Bill

◦ Jamaica: Drafting of the Organized Crime Act is completed and will be taken to Parliament.


PROPOSED ADMINISTRATIVE PROPOSED ADMINISTRATIVE RESPONSE IN JAMAICA RESPONSE IN JAMAICA

Establishment of an Anti-Gang Unit:

The Ministry of National Security is proposing the establishment of an Anti-Gang Unit.

Establishment of Anti-Gang Units in the prosecutorial authority, in the Ministry overseeing national security and the police force to implement an Anti-gang legislation and to support and enhance investigative techniques. The implementation of these measures will ensure prosecutorial success and intercept, neutralize and eradicate the further establishment of gang structures.


AN EVALUATION OF THE RECENT SUCCESSES AN EVALUATION OF THE RECENT SUCCESSES IN JAMAICA IN DISMANTLING MAJOR GANGSIN JAMAICA IN DISMANTLING MAJOR GANGS

The law enforcement officers in Jamaica have adopted a sustained targeting of criminal gangs and their leaders.Intelligence gathering activities have been enhanced and supported by communities within which these criminal gangs operate. Effective prosecution of known gang members leading to convictions.Enhancement in the efficiencies of investigative and evidence gathering techniques in relation to these gangs. Effective policing of some of the known centers of influence of operation of some of these gangs resulting in the 44 per cent reduction in murders.


PROPOSED REGIONAL PROPOSED REGIONAL RESPONSES RESPONSES

Strengthening of the Financial Investigations Division regionally to deal with 3rd generation gangs who are motivated by profit. This strengthening will assist law enforcement entities to pursue the amassed assets of gangs.


PROPOSED REGIONAL RESPONSESPROPOSED REGIONAL RESPONSES(Cont(Cont’’d) d)

Effective use of plea bargain and mandatory minimum penalties which will be outlined in legislations such as the recently passed Anti-Crime legislation and the proposed Organized Crime Act.

The Plea Bargaining legislation and its regulations have been passed into law


PROPOSED REGIONAL PROPOSED REGIONAL RESPONSES (ContRESPONSES (Cont’’d)d)

Mandatory minimum penalties under the Anti-Gang/Organized Crime legislation

will ensure that gang crimes are punished harshly and uniformly, deter gang

violence, and provide arrested gang members an incentive to cooperate in subsequent prosecutions of other gang members.


PROPOSED REGIONAL PROPOSED REGIONAL RESPONSES (ContRESPONSES (Cont’’d) d)

Protection of Witnesses and Witness Anonymity (via the Witness Protection Programme):-

Due to the nature of the legislation being contemplated protection of witnesses must be one of its most critical considerations.


PROPOSED REGIONAL PROPOSED REGIONAL RESPONSES (ContRESPONSES (Cont’’d)d)

Caribbean states should facilitate the protection of witnesses through:

legislation and regional arrangements.

Each matter should be assessed on a case by case basis.


AN OVERVIEW


AN ASSESSMENT OF THE MEASURES AN ASSESSMENT OF THE MEASURES IMPLEMENTED TO REDUCE THE CRIME IMPLEMENTED TO REDUCE THE CRIME

RATE IN JAMAICARATE IN JAMAICA

Mark Wignall, a Jamaican journalist in his article entitled “Why has Jamaica’s Crime Rate Fallen?” published in the Jamaica Observer on February 3, 2011, has sought to provide an assessment of measures implemented to reduce crime including transnational illicit networks in Jamaica. His findings were as follows:The security forces in Jamaica were involved in an incursion on Tivoli Gardens; Jamaica’s most heavily armed community which sought to protect Christopher ‘Dudus’ Coke who was wanted by the United States on an extradition warrant. Consequently, a state of emergency was enforced. In Kingston, Jamaica for approximately two (2) months. In the immediate months following Coke’s capture and extradition, murders fell by 42 per cent.


AN ASSESSMENT OF THE MEASURES AN ASSESSMENT OF THE MEASURES IMPLEMENTED TO REDUCE THE CRIME IMPLEMENTED TO REDUCE THE CRIME

RATE IN JAMAICA (ContRATE IN JAMAICA (Cont’’d)d)

In his contribution to the 2011/12 Budget Debate in the House of Representatives on May 10, 2011, Honourable Bruce Golding, Prime Minister of Jamaica indicated:“That crime statistics for this year have shown a significant reduction in most major crimes, with a decline in murders by 44 per cent; shootings by 36 per cent; and break-ins by 13 per cent.”

“In 2010 six (6) Anti-Crime Bills were approved that have contributed to the success that the security forces have been able to achieve.”

“In 2010 the regulations for plea bargaining were approved and brought into force and are helping to secure the imprisonment ofviolent offenders who might otherwise have escaped conviction.”

Additionally, the drafting of the Organised Crime Act is completed. This Act will enable the security forces to more effectively tackle and dismantle gangs. It will be brought to Parliament shortly.”


HOW TO COMBAT THE RISE IN REGIONAL HOW TO COMBAT THE RISE IN REGIONAL GANG VIOLENCE AND TRANSNATIONAL GANG VIOLENCE AND TRANSNATIONAL

CRIMES CRIMES

Attack strategy and plans and disrupt alliances.Deny gangs freedom of action and freedom of movement.Deny them access to guns and bullets/cut coercive capacity.Deny them access to financial resources and the proceeds of crime.Deny them access to civil and political support through the relentless fight against corruption in public and private sector.

• Deny them support and legitimacy in community by publicly embarrassing them to a point where they are scorned by citizens.

• International co-operation between law enforcement and prosecutorial agencies. 1 7/5/2011

Paula V. Llewellyn, Q.C.- DPP (Jamaica)


CRIMES (CONTCRIMES (CONT’’D)D)

Vigorously disrupt enterprise crimes such as drug dealing, extortions, auto thefts, alien smuggling.

New law enforcement assault combining electronic surveillance, plea bargaining, witness protection, fast trials and exemplary sentencing.

Apply military combatant strategies to law enforcement efforts, to overwhelm them with resilient force as in the case of the Tivoli incursion in Jamaica in May 2010 which was part of the fall out from the gang resistance of the extradition of Christopher ‘Dudus’ Coke.




Communities must be mobilized to show their intolerance to guns and gangs. This can be done through:1. Public education 2. Enlisting the support of and co-operation

of community members in identifying gang members.

3. Confronting fear which is the gang leaders’ greatest weapon exemplified by the ‘I don’t want to be an informer’ and the ‘informer fi dead culture’.




Develop legislation that will allow law enforcement to infiltrate gangs.

“Hit the dons and the gangs where it hurts: in their pocketbooks.”

Government agencies should continue to work in partnership with law enforcement to address crime and disorder.


HOW TO COMBAT THE RISE IN REGIONAL HOW TO COMBAT THE RISE IN REGIONAL GANG VIOLENCEGANG VIOLENCE AND TRANSNATIONAL AND TRANSNATIONAL


Trust must be built between communities, government agencies and the police force.

The private sector must perform their due diligence when accepting sponsorship requests, as companies may inadvertently endorse events sponsored by dons.

More social intervention programmes organized by government agencies and NGOs aimed at retraining marginalized youths.



CRIMES (CONTCRIMES (CONT’’D)D)As a region we should be vigilant in combating the regional rise in gang violence by:

recognizing that gangs and garrison communities are problems.

depriving criminal gangs of funding and ensuring that they do not benefit from government contracts.

implement legislative framework to make membership in a gang a criminal offence.


CONCLUSIONCONCLUSION

As members of the global village in law enforcement, we all need to exercise the will and courage to do the right thing in implementing strategies to combat, neutralize and dismantle gangs and other forms of transnational illicit networks.


CONCLUSION CONCLUSION (CONT(CONT’’D)D)“In any moment of decision, the best

thing you can do is the right thing…and the worst thing you can do is nothing”.

Theodore Roosevelt

26th President of the United States of America


Paula Llewellyn Public Prosecutions Jamaica

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