Christopher Dudus Coke: Still Wanted

Christopher Dudus Coke is still wanted and the Jamaican Government's failure to turn him over to the U.S. authorities, who have been seeking his extradition since Aug. 2009, has strained relations between the two countries.

In the recently released INCSR 2010 (International Narcotics Control Strategy Report), which identifies and reports on countries involved in drug trafficking, Jamaica was singled out for being reluctant to carry out extradition requests "for a major alleged narcotics and firearms trafficker" as outlined on page 274 of the report:

While cooperation between Government of Jamaica (GOJ) and U.S. Government (USG) law enforcement agencies remained strong, delays in proceeding with the significant extradition request for a major alleged narcotics and firearms trafficker who is reported to have ties to the ruling Jamaica Labour Party, and subsequent delays in other extradition requests, have called into question Kingston’s commitment to law enforcement cooperation with the U.S. While cooperation between Government of Jamaica (GOJ)and U.S. Government (USG) law enforcement agencies remained strong, delays in proceeding with the significant extradition request for a major alleged narcotics and firearms trafficker who is reported to have ties to the ruling Jamaica Labour Party, and subsequent delays in other extradition requests, have called into question Kingston’s commitment to law enforcement cooperation with the U.S.

The scathing report on illegal drugs in Jamaica states that both the business sector and politics have been compromised by the drug trade and "Porous sea and air ports serve as direct export locations of marijuana and cocaine to the United States":

Jamaica’s murder rate per capita reached 1,672 in 2009 making it one of the highest in the world. The difficult economic situation has spawned a significant increase in aggravated crime such as larceny, robbery, and rape. This, in turn, has placed a national spotlight on increasingly brazen criminal activity throughout the country which continues to threaten civil society. A particular focus of concern has been the increasing activity of organized crime, which permeates both the legitimate business sector as well as the political sector. The “guns for ganja” trade exacerbates the problem as undocumented handguns continue to flow freely into the country. Recent assessments indicate that approximately 70 percent of the illegal firearms entering Jamaica originated from the U.S.

Leaving no doubt that the U.S. is displeased at the delay in turning over Christopher Dudus Coke, the INCSR implies that Coke is being shielded from extradition because of his ties to the JLP (Jamaica Labour Party) which currently controls the government.

Until August 2009, the extradition treaty between the USG and the GOJ had been actively and

successfully used by the United States to extradite suspected criminals from Jamaica. Extradition requests were routinely and timely processed by Jamaican political and judicial authorities. The GOJ’s unusual handling of the August request for the extradition of a high profile Jamaican crime lord with reported ties to the ruling Jamaica Labor Party, which currently holds a majority in parliament, on alleged drug and firearms trafficking charges marked a dramatic change in GOJ’s previous cooperation on extradition, including a temporary suspension in the processing of all other pending requests and raises serious questions about the GOJ’s commitment to combating transnational crime. The high profile suspect resides in and essentially controls the Kingston neighborhood known as Tivoli Gardens, a key constituency for the Jamaica Labour Party. Jamaica’s processing of the extradition request has been subjected to unprecedented delays, unexplained disclosure of law enforcement information to the press, and unfounded allegations questioning U.S. compliance with the MLAT (Mutual Legal Assistance Treaty) and Jamaican law.

Bruce Golding in the House 

The Prime Minister of Jamaica, Bruce Golding, in response to the report rejected U.S. claims and questioned the legitimacy of the extradition request. He claimed that some of the evidence used to justify the U.S. request was obtained by secretly and illegally recording communications.

The request for the extradition of Coke was received on August 25, 2009. There were aspects of the case and the procedures employed that were abnormal and the Government, consistent with the provisions of the Extradition Treaty, sought clarification and additional information...In one important respect, however, it was found to be in violation of the law. The Interception of Communications Act makes strict provisions for the manner in which intercepted communications may be obtained and disclosed. The evidence supporting the extradition request in this particular case violated those provisions. So serious an offence is this violation that the penalty provided by law is a maximum fine of five million dollars, or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment. The law further requires that for intercepted communication to be admissible in any criminal proceedings it must have been obtained, disclosed and used in accordance with these provisions. This was not done in this case. This was highly irregular.

Prime Minister Bruce Golding also said that there had been meetings with U.S. authorities regarding this matter both in Jamaica and Washington, D.C. where the government of Jamaica has remained constantly engaged with the US authorities on the matter.

The Jamaican government has indicated that if the U.S. had other evidence, the procurement and disclosure of which were not in violation of Jamaican law, the minister would be prepared to accept that evidence and issue the necessary authority to proceed. No such evidence has up to now been presented.

In questioning the assertions in the INCSR about the reluctance of Jamaica to live up to its international agreements, the Prime Minister said:

The US Narcotics Control Strategy Report accuses the Government of "unfounded allegations questioning US compliance with the Mutual Legal Assistance Treaty and Jamaican law", and has questioned the Government's commitment to law-enforcement cooperation with the US.

We respectfully reject these assertions. The minister of justice, in authorising extradition proceedings, has a duty to satisfy herself that they conform to the provisions of Jamaican law. As minister and, especially, as attorney general, she cannot authorise processes which she knows to be in violation of Jamaican law.

Wayne ChenKarl Samuda

So what is next? In a move widely interpreted as sign of displeasure, the U.S. revoked the visa of Wayne Chen, Chairman of the state-run Urban Development Corporation. There has been no explanation for the revocation and Karl Samuda, General Secretary of the governing Jamaica Labour Party, has refuted reports that members and affiliates of the Party have also had their United States visas revoked.  

The Christopher Dudus Coke affair also caused problems in Parliament with accusations flying back and forth between the Government and the Opposition over the reluctance to sign the extradition warrant. 

Aside from the political arena, other groups have joined the call to place the matter of the extradition of Christopher Dudus Coke before the Jamaican court system. The contention that the extradition request from the the U.S. is flawed by evidence obtained by illegal wiretaps is a matter for the courts to decide.

• The Jamaica Council of Churches (JCC)
• The Independent Jamaican Council for Human Rights (IJCHR)
• Jamaicans for Justice (JFJ)
• The Private Sector Organisation of Jamaica (PSOJ)
• Families Against State Terrorism
• And the Parliamentary Opposition

Have all joined together in opposition to Bruce Golding's decision to keep the issue out of court:

"The (extradition) matter should go before the courts," was the blunt declaration of the Reverend Peter Garth of the umbrella church group, which usually stays out of such issues.

"The council is troubled by the seeming trend to reduce or curtail judicial authority, and warns that there are constitutional implications," declared the Arlene Harrison Henry-led IJCHR.

"We embark on a dangerous road when the executive authority usurps judicial functions by making decisions about evidence. As such, decisions can only be properly made by the court after a full public hearing of all issues, and after the hearing of all parties"

"We fully support the position of the IJCHR and believe the Dudus matter needs to be placed before the courts," asserted Dr Carolyn Gomes, executive director of JFJ.

"In fact, we believe that it is a breach of the principle of separation of powers for the executive to assume the duty of the judiciary," Gomes added. "We have always argued that the court is the final arbitrator, and we have sought to defend the rights of all Jamaicans in a court of law."

In reality the Dudus affair has been a huge headache for Prime Minister Bruce Golding. Christopher Dudus Coke, no matter what anyone says, is not an ordinary citizen of Jamaica. He controls the area known as Tivoli Gardens from which the Prime Minister derives his political power and support. To be seen as "giving up" Dudus to the Americans would not only be unpopular in Tivoli Gardens it would be tantamount to political suicide. On the other hand to be seen as being uncooperative with the American authorities over this matter, leaves him open to charges of being a corrupt politician under the influence of an internationally wanted criminal. There are no good options for Bruce Golding.

In the meantime Christopher Dudus Coke has other things on his mind. It's his birthday! And in the style and pomp of the beloved Don that he is, he plans to throw a party. He will celebrate his 41st birthday with an elaborate two-day bash in the community that treats him like a king - Tivoli Gardens.

Where he will be for birthday number 42 is anybody's guess.

Also See: Dudus Wanted and Dudus to be Extradited? also Dudus Extradition Approved!<<----

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Christopher "Dudus" Coke Wanted

Christopher "Dudus" Coke, 40, a Jamaican national, is wanted by the US authorities on a number of drug and weapon offenses. See the story here.

The U.S. has officially asked the Jamaican government to hand him over to face those charges and has complained about the tardiness on the part of Jamaican government to do so. See the extradition request here.

"The U.S. government is looking forward to the Jamaican government respecting their obligations under the treaty," Patricia Attkisson, spokeswoman for the U.S. Embassy in Kingston, said.

 Acknowledging the request for Christopher Dudus Coke's extradition, a Jamaican official responded:

“The Government has been notified and discussions are taking place. It is principally the prerogative of the Ministry of Justice and the Attorney General’s office”, Foreign Affairs Minister Kenneth Baugh said.

 Coke's lawyer, Tom Tavares-Finson, said he had not seen any paperwork and did not know why the U.S. was interested in his client. He claimed that Coke had no connections with the United States and was also not sure if his client would turn himself in voluntarily.

"We're waiting to hear what the decision is," said Tavares-Finson, who has dismissed the U.S. charges as "hype."

 According to reports, Coke is the alleged leader of the "Shower Posse" gang. He is charged in the U.S. Southern District of New York with conspiracy to distribute cocaine and marijuana and conspiracy to illegally traffic in firearms. Coke faces a maximum sentence of life in prison if convicted. Under the Extradition Treaty, accused persons do not have to sell illicit drugs in the United States to be convicted in that country. See a report in the Jamaican newspaper the Jamaica Gleaner concerning the U.S.- Jamaican Extradition Treaty.

Christopher Coke is not only politically well-connected to the governing party in Jamaica, the JLP (Jamaica Labour Party), he is also the recognised leader of his community of Tivoli Gardens in downtown Kingston. His influence stretches across the entire island of Jamaica and overseas to the U.S. and England. His extradition to the U.S. would likely have huge ramifications among his followers and his community.

View Tivoli Gardens, Jamaica in a larger map

Another Jamaican newspaper, the Jamaica Observer gives this perspective on Coke, as well as some background information. His aliases include Dudus, President and Shortman:

"He is the leading figure among JLP garrisons and many leaders in those communities report to him. He is tremendously powerful and is feared by friends and foes alike"

According to an article in Jamaicaviews.com, there could be social unrest if Coke was to be extradited. He has the legitimacy that the government can only envy among the urban poor. A Caribbean scholar with knowledge of the workings of inner-city communities across the region put it this way:

“For the people, legitimacy in the Government stops at Carib 5 cinema (in Cross Roads). From that point down, he (Dudus) is more legitimate than the Government. He has a monopoly of force and consensual power because he has legitimacy that the Government of Jamaica cannot even dream to have where the urban poor is concerned.”

“What does a government do when they have created a government within a government? What do they now do when they have to hand up this government to another government?” he asked. “He (Dudus) can get kids to be off the street at 8:30 pm. The Government does not even have the power to scratch anybody’s hair much more to do something like that. People feel safer in Tivoli Gardens than anywhere else. It is the safest garrison. This is touchy. In a country that barely understands order, you have found somebody to provide order in the midst of chaos because downtown is chaos. What do you do with him?”

The government in Jamaica is under pressure to respond to the U.S. request for extradition from the opposition party the PNP (People's National Party). Peter Bunting, Opposition spokesman on national security, claims that the Government's failure to extradite Tivoli Gardens strongman, Christopher 'Dudus' Coke, has caused a stand-off between Washington and Kingston.

Peter Bunting, said in a press statement that the longer the Government took to honour the US request to send Coke to stand trial, the country's national interests and international reputation was being jeopardised.

"It is completely untrue," said Minister of Justice and Attorney General Dorothy Lightbourne:

"The Jamaican Government has, indeed, responded through the channels laid down in the Extradition Treaty between Jamaica and the United States and there is ongoing communication between the authorities of both states," she said in a press statement.

There has also been criticism of Jamaica's Prime Minister, Bruce Golding. Tivoli Gardens is his constituency and he has mostly been silent on the requested extradition of Christopher Coke. An editorial asked a question that Prime Minister Golding needs to answer clearly and unequivocally:

That question is "whether the Government's loyalties lie with those who hold that the end justifies the means or the citizens of this country who are committed to order and the rule of law".

According to Claude Robinson, a journalist with the Jamaica Observer:

All that can be expected of the prime minister is a simple and clear statement acknowledging the request and affirming that it will be dealt with in accordance with our democracy and our constitution without regard to the political affiliation of the target of the request. Once that due process is complete, the country will be told the full outcome. That's all that was expected from the prime minister. He should have delivered.

So the question remains, as it had for over two months now:

Will the Jamaican government hand over Christopher "Dudus" Coke to the U.S. authorities to answer the criminal charges against him?

See Also: Dudus Extradited? and Dudus Still Wanted  <<----

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