Court awards compensation to Armadale fire victims
THE Supreme Court on Monday ruled in favour of six former wards of Armadale Juvenile Correctional Centre who brought claims against the Government for breaches of their constitutional rights, after fire destroyed the facility where they were being held in 2009.
Seven girls lost their lives in the fire while several others were injured. The cause of the fire and the operations at the facility later became the subject of a commission of enquiry.
Lead attorney for the girls, Jacqueline Samuels-Brown, in a statement to the media, said the six cases were treated as ‘test cases’ and provide guidance for the resolution of the remaining 26 cases initiated on behalf of the former wards of the facility.
“Judgement in favour of the claimants was on the basis of breaches on their constitutional rights and negligence on the part of those responsible for their care and supervision. The claimants were also compensated for aggravated damages; that is to say, for the injury to their self-esteem, their feelings and their dignity,” the statement read. The sum awarded to the girls was not disclosed but is said to be in the millions.
The claims were instituted by the Office of the Children’s Advocate while the claimants were still minors.
“The Office of the Children’s Advocate and lawyers representing them are very pleased that the Government opted to settle the claims without the claimants having to once again relive the trauma, they experienced. Though the matter has been a protracted one, settlement at this stage is still better than putting the survivors through the entire trial process which would involve them reliving the ordeal,” the statement added.
“It is hoped that with the recommendations arising out of the report of the Armadale Commission of Enquiry and the judgements entered today (Monday) there will be continued improvement in the arrangements for, and care of, minors who have been declared wards of state by the court.”
In the meantime, the Opposition People’s National Party (PNP) said that it is pleased that victims have been awarded compensation by way of a consent order in the Supreme Court.
“These test cases have successfully sought redress for the violations of the girls’ constitutional rights under the Charter of Rights in relation to the negligent care and deplorable conditions of their incarceration at Armadale, and for the significant psychological injuries, established by expert evidence, from their traumatic experience suffered at the hands of the State,” said PNP spokesman on Justice Senator Mark Golding.
Golding added that the Opposition considered it significant that the Office of the Children’s Advocate, an institution created by the Child Care and Protection Act of 2004, has been the moving force behind “the successful vindication of the rights of these girls”.
“This provides a telling example of progressive legislation having a real impact on the lives of Jamaicans, through the creation of well-designed and effective institutions to protect the rights of our people,” he said.
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