The intention of police commissioner Vernon Francois at a recently held general meeting may have well been to discuss pressing matters, address concerns and at the same time motivate members of the Royal St Lucian Police Force, but days after the meeting, human rights activist Mary Francis has found issue with some of the remarks made by the commissioner that have since been aired on local news broadcasts.
At the occasion Francois’ words to the officers were that they should not be afraid of “the Mary Francis’ of this world.” He reassured them that as long as they did their jobs within the law, he would stand with them. The commissioner accused Francis of bullying the police, telling officers there was “no need to worry about her” because the majority of St Lucians supported the police. The commissioner’s remarks were met with rousing applause from members of the police force.
“He kept saying don’t worry about her, we won’t lie down and let Mary Francis roll over the police, don’t mind her. I find it scandalous,” Francis said speaking to the STAR this week. I find his approach at the general meeting reprehensible and uncalled for. I think it was an attempt to malign me and intimidate me for persistently calling for Inquests in the 12 police killings. I have never once referred to the commissioner in his personal capacity, I always speak to the office of the commissioner.”
“Maybe the morale of police is low and it was an attempt to boost their morale,” she commented. “Especially in light of the recent US State Department’s Human Rights Report, but its not what you do but how you do it. To actually launch an attack on me as a top security officer of the state I think was very unbecoming of the police commissioner.”
Francis said she has every intention of seeking an international appeal for her protection.
“I think it was well intended to catch the attention of the public,” she continued. “He kept referring to the majority of persons being supportive of the police. I am saying this has an element of mob rule in it when you speak about the majority of persons being supportive of police actions. The majority may not always be right in St Lucia where a lot of persons are ignorant of the judicial process.”
Like a lone voice in the wilderness Mary Francis is often unaccompanied in her role as defender of human rights. This week she told the STAR she’d made up her mind at first not to pay attention to the statements made by the island’s police commissioner, then thought better of it.
“I will be trying to draw the attention of the ministry and other individuals to that type of behaviour, which is unacceptable in a democratic country,” she expressed. “I would hope the authorities, the minister of home affairs and so forth, would actually understand my expression of concern, my opposition to the commissioner’s statements because since he’s a public officer, it might be a reflection of the thinking of the government if he isn’t sanctioned or corrected.”
The human rights advocate feels the whole issue of ‘extra judicial killings’ is being misconstrued.
“I have termed it extra judicial because in international human rights law extra judicial would mean state killings which are done outside of the court process; not sanctioned by a court,” she explained. “A whole year and those 12 killings from 2011 still have not been subject to the judicial process, nor a court, neither a Coroner’s Inquest, which is the special body established by law to determine whether there was justification.”
“So until such time that the judicial system can determine justification for those killings it’s extrajudicial,” she stated. “It’s a simple thing and for the commissioner to take it out of context and try to bring in other countries where there are extreme state sanctioned killings, he’s just trying to show there is a bit of malice in the whole thing or a total misunderstanding of the political system under which we operate in St Lucia.”
Francis recognized public servants were an extension of the executive branch of government and the police as agents of the state acted on behalf of the executive.
“You cannot tell me you have those killings and it almost becomes a case of judge, jury and executioner,” she said. “There is need to account in the proper forum, which is the judicial process and I do not know why it is so difficult. Anyone who understands our political system would appreciate the point I’m trying to raise. I don’t know how the police can better their performance and comply with the rule of law if that is the attitude of the commissioner.”
I have been on this mission for a while now,” Francis conceded. “I have been discriminated against by police officers in trying to get information for clients and so forth. It’s not only now the police are incensed against me. In view of this hostility, this just serves the purpose of heightening the hostility toward me.”
The human rights activist made mention of section II of the Constitution on Fundamental Rights.
“No one shall be deprived of his or her life, except by execution of an order of a court,” Francis read. “It lays down exceptions including self-defense, defense of your property and police officers arresting someone in the commission of a crime and so forth. If they are saying because we are police officers we have the right to shoot because he is a violent man, where is the proof?”
“At least one of those boys, Allan Louisy never had a conviction,” she said speaking of the incident in Vieux Fort in May, 2011 when five individuals were shot and killed by police. “He never went to court for any criminal offense, let us know on what basis you’re chasing those men. Whether you had information, you were suspicious they’d committed a crime and so forth. That’s where the element of justification will come into play. They shouldn’t get annoyed;
their duty is to arrest, take before a court and let the court deal with the offenders, not to go out on a killing spree.”
“There was the so-called police ‘hit list’ and a number of persons on that list actually lost their lives,” Francis continued. “This is an opportunity for them to realize there are laws governing police activities, whenever they fall short of the law they must expect
persons who are human rights activists like myself to recognize oversights of the justice system of the state, because that is our duty.”
Francis feels some of the advocacy work has paid off. She received word this week that the relevant files associated with the Vieux Fort incident are with the southern district court. Inquest dates still have not been announced.
“Why do you think they are taking so long?” Francis questioned. “A whole year. Were they expecting it to be brushed under the carpet? The Coroner’s Act stipulates that almost immediately when you have an unnatural death, especially in police custody you have to take the necessary steps to ensure an Inquest is held.”
In the well-publicized Human Rights Report the U.S. gave the new government credit for taking steps to expedite investigative processes and review cases.
“I was very happy with the manner in which Prime Minister Kenny Anthony spoke when the Human Rights Report was released,” Francis said. “He said he was distressed by the report because it brought disrepute to our image. He said the killings didn’t happen under his administration but noted when those things happened the international community was always looking on. I was heartened by his reaction to the whole thing, as compared to the last administration. They did nothing. The former prime minister, which was so unacceptable, referred to the killings as “collateral damage”. Imagine people losing their lives at the hands of the state, “collateral damage.” Instead of saying it was unfortunate they lost their lives under those circumstances and there would be an investigation. We know the risk involved with heightened crime for the party in government and because of that consideration they turned a blind eye to the whole question of the right to life, human rights of people and St Lucia’s human rights record. They didn’t mind sacrificing St Lucia’s human rights record on the alter of curbing crime, under ‘Operation Restore Confidence’ last year.
Francis feels there is need for a full inquiry of police operations in 2011.
“There are so many things just left out there and we don’t know exactly what took place,” she said. “That would be necessary as part of setting the record straight. You cannot have elements who are subverting the law within the police force because it weakens the whole element of state security. I think the powers that be must take these things more seriously.”
She also felt there was need for a Special Coroner to be appointed to deal with the five Vieux Fort killings in particular.
“To have a continuous inquiry over a period of time until they come to the end of the Inquiry, I think the Coroner should be specially appointed,” she said. “I want to call for a special appointment. In some countries a retired judge or some other eminent
legal person would be appointed to sit and take in all the evidence, hear the facts and
I think we should do that in order to quicken the process and avoid adjournments.”
If Mary Francis wasn’t one of the most persistent advocates for this particular issue, would it be safe to say the case would be forgotten? If not her, who would be the
one leading the charge and risking everything to ensure justice, is served?
“Whenever you have those incidents over the media the following day or days after people will get incensed against me. Some even come out and make threats,” the vocal Francis revealed. “I was walking through town on the very Saturday and this man was so angry and he just came right into my face and began his verbal attacks. I quickly had to get out of his way to avoid him actually assaulting me. I had two such incidents last week, on Friday and Saturday. I attribute that to the recent behaviour of the commissioner. It’s
actually an invitation to get people against me. It encourages people who were already hostile toward human rights activists to increase that hostility. Members of the
community will alienate us. Instead of pushing the education of human rights, this is actually giving a blow to the whole thing.”
Saturday 18 May, 2013
Human rights advocate seeks international protection!
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On first listening to the said speech on the evening news (before it was controversial), I thought that the police commissioner sounded ignorant (in both our local interpretation of the word and that of webster), stupid, retarded and retarded. Like dont these guys understand that people judge u on what u say? Why even mention her name? What did Mary Francis ask of the Police or the Ministry of Justice and the government, which was so out of the way? Why did the Commissioner not highlight the other human rights lawyer(s)? There are people in the country not part of the dumbeddown police force who actually listen to the commish…and on this occasion he sounded dumb!!! really dumb!
Mary Francis is a very fearless and courageous lady. She is spearheading an issue that is often given shortshrift in Saint Lucia – Human Rights. No one gives a damn about it until they have become a victim of police brutality, and abuse of power.
Some silently endorse the wanton shooting of supposed criminals and I dare say that it appears to be government policy to shoot our way out of the crime problem.
I believe that the COP’s stance and utterances in relation to Ms. Francis is an invitation to some of the goons in the force to go after her or incite other ingoramuses to violently attack her.
An evolved and civilized people would care about that. “First they came for the jews….”
WOW,I admire your efforts Mary Francis,it seems that you are the only one apart from the family of the victims who is actually concerned about an inquest to the myriad of unresolved police shootings that has left a foul taste in the mouths of the public.Why is advocating for something which is a part of our constitution seem so impossible.The words of the Police commissioner has always left me in awe from his pronunciation of words to his blatant disregard for human rights whenever foul is leveled at police officers in this country,let us hope that the Prime minister and minister of Home affairs see the need to speedily resolve those issues that continue to plague our nation’s security…
Blah Blah Blah! You lose credibility when you only seem to cry out for justice only when it affects one set of people. Where are you, Mary Francis, when innocent persons are victims of heinous crimes? Why is it the only time you bellow, from the depths of your dusty office, is when the perpetrators of those very crimes are apprehended by the police? Where were you when a legal colleague was brutally assaulted and savagely beaten by a miscreant last year.
When you were approached by a camera crew soon after to make a comment what was your response? “No comment.” You seem to be mysteriously silent when innocent citizens are killed and rather vocal when the police do their job. Why?
i agree, when the innocents like a 8yr old child is brutally killed Mary Francis is always silent. yet when criminaals are killed she is always vocal. It’s no wonder the public is fed up with her. where was she when innocents were gunned down. Hypocrisy I say. Leave the police be. Their methods have brought down the crime whether you like it or not. Let a court decide if thieir actions are right or wrong!!!!!!!!!!
This blog constantly reminds me of how backward we as a people…….go research human rights lawyer, due process,and accountability. Gosh! She is only saying that the law should be followed when police action is being taken! The situation in question seems suspicious for the least…Five armed people killed, all at once, with only the cops firing, while the dead had no chance of firing a single shot…..seems suspicious to me!
Whilst I see what Mary Francis is saying – apart from the drama of International protection – the commissioner is right in his words, which are ‘’ that as long as they did their jobs within the law, he would stand with them’’ absolutely nothing wrong with that. They need to stop seeing each other as opponents & start working together; as Mary & the Police Force have their faults. You become a better person & organization once you identify these problems & work on them. On the matter of verbal abuse, Mary, if you are going to fight the fight you have to get ready for all that comes with it. Aung San Suu Kyi faced more than verbal abuse & never gave up; it’s always darkest before the dawn.
Miss Francis is support you in your effort to see justice prevail. St. Lucia has for too long now continued on a path which does not auger well for its continued development. We would prefer going the shorter route rather than reaching there the hard way which most times isn’t the best way.
Way to be strong Mary Francis! And they wonder why people do not trust the police. A public official should really know better though.
What i find most disturbing about all this is that the people sit idly by as these events unfold. police seem to really about the laws they are charged to enforce. Where is the accountability? You go out and shoot civilians and no one, except Mary asks any questions?
Sounds like some parts of Africa, or even the movies. There should be an investigation into every shooting, thats fair to everyone involved, isn’t it? What’s so wrong in being asked, why did you kill this person? Not a good look Lucia…
BlackStarr what is even mor appaling is the fact that people chastise Ms. Francis just like the above blogger did,a crime is never wicked till it knocks on your door
human rights, human rights do we even know what those term mean? i applaud what Mary Francis is doing but come focus on other issues affecting us not only criminal matters.I find mary Francis to a little bias in her work she need to level her playing field.
the police commissioner is ok to exercise his freedom of speech but mentioning the woman name is a cry for help
For the police commissioner to be mentioning Mary Francis name like this is a cry for HELP..
whilst i give credit to Mary for a good job in my opinion she is to bias. there are other pressing issues which needs to be dealt with like green-bug and the 2 million dollar lawsuit against St Lucia. I’m in the ignorant bracket about the facts and not even our so-called prime minister is in the talking mode about it.
I support u mary on ur quest to get justice but u have to stop being one sided. u also have to be in the news and seek justice for the families who are on a daily basis being terrotized by those thugs that the police are getting rid of. I’ve never heard u come out for the innocent people’s families who have been hurt by those thugs. so if u cant be for both sides just stay out.
All I can say is a good man or woman is never honoured far less respected in their own country.And to all the Mary Francis haters, when the rain falls it nah fall on one man housetop, so go on and continue to chastise but one day you all will be running to her for advice and help.What Miss Francis is doing is written in the constitution as a right for all and sundry and I support her cause 100%.If she was not as vocal as she is, no body would be willing to take the authorities to task, as everyone is well aware of.Keep up the good work Miss Francis as that day will come when StLucians will recognise it’s importance to true democratic freedom.And to the PM, action speaks louder than words.
The Police is always an easy target for lawyers, politician and public to verbally abuse or insinuate corruption or unbecoming behavior. The issue is this: has Ms. Francis sought to at least provide free classes to RSLPF on human rights? It is easy to attack. But why cry for help when your ‘prey’ turns around and attack you. The CoP has every right to let his officers know they can count on him to support them against such so called ‘human rights’ advocate. She now needs to shut up or put up.
Finally, the RSLPF is here to at times enforce peace. With crime at all time highs from 2003-2008 it was time to ENFORCE peace. Look up the word ‘Enforce’, ‘human rights’ is not next to it.
They are simply supposed to follow the rules…That is follow the procedure when it comes to using the powers given to them by the public…simple as that. She shouldnt be giving them classes after they received 6 full months of training. They are not supposed to be emotional about their jobs either. Just make an arrest, collect, the evidence, keep intelligence and be accountable when someone, god forbid, is killed whenever they are carrying out their duties. By every measure, the shootings by officers last year were remarkably high. Considering the fact that most officers can hardly read, yet hold firearms……we should be having a goddamn inquiry, if the Betterdayscrew had any balls!
Why do you risk your life for all those dishonest population in St. Lucia? We are a lie, we pretend to be all civilized, but just dig a little deeper and you will discover a wild animal. The law of the jungle is the rule, so I am not surprised that you fear for your safety. This is the first zoo without cages.
@Botox and fellow Lucians. In Botox’s Botox style, he is clear, Mary Francis and Vernon are in the spotlight today but lets not forget the wider jungle of injustices throughout the country. The dilema is that the very persons who might be called to all the police kettle black might be black pots in calling. I am lost as to what the other HR commissioners are doing in support of Mary? Is there an ombudsman in office? Is there a committment from Government to address the broader culture of unfairness and ‘payback’ whether from the angle of public service, politics, business or otherwise. Unfortunate for Mary and the victims of injustice.
@Vicar, your experience corrected Vernon’s…
Some of us seemed to have lost the plot and our sense of perspective. Honestly what can Mary Francis do when a crazed thug – over whom the citizenry has no control – decides to go on a violent spree? Those individuals are not hired by the State & there are procedures in place to deal with their transgressions. Besides, the police usually needs no prompting or encouragement to initiate their investigation to apprehend criminals.
It is legal under circumstances for law-breakers to be killed by police officers. However whether justified or not, an inquest should follow the taking of a life by a law enforcement personnel. These are the rules.
…. cont’d below
This, among other things, guards against cops assuming the role of judge, jury and executioner.
Our friendly neighborhood cops are hired by the State and their conduct is governed by clearly defined rules and regulations. They are expected to act legally at all times in the execution of their duties. If the are perceived to be acting otherwise they can be questioned. If the break the law, they have to be held accountable.
As far as I am aware, the lady is simply exercising her right as a citizen in requesting that due process be followed as regards the actions of a certain class of state employees. Is there something wrong with that?