Dear Editor,
I wish to respond to the recent statement issued by the PNCR in which it accused the Ministry of Home Affairs of justifying “the regular, unlawful arrests by the Police of young men from predominantly African Villages and their detention for several days without charge.”
In the said statement the PNCR called on the Minister of Home Affairs to “apologise to the unlawfully arrested youths and their parents for such flagrant breaches of their constitutional rights.”
The PNCR’s call for an apology is misplaced.
On the contrary, it is the PNCR and its Leader, Mr Robert Corbin, who should apologise as he did to the Speaker of the National Assembly on the evening of Friday, October 24, 2008, only this time his apology should go to the Guyana Police Force for insulting their ranks and seeking to bring the force into disrepute.
It is to be recalled that on the night of Friday, October 24, 2008, in the National Assembly just before the conclusion on the Communication Interception [wire tapping] Bill Mr Robert Corbin launched a blistering and vitriolic attack on the Guyana Police Force. He openly and unashamedly accused the force of engaging in racial profiling particularly of Black youths in “predominantly African Villages” namely Agricola, Bare Root and Buxton. Corbin also named Linden, New Amsterdam and Rosignol as villages where Black youths are being targeted by the police.
Mr Corbin threw a tantrum after the Minister of Home Affairs defended the action of the police in pursuit of their responsibility to maintain peace and good order in the country within the meaning of the law.
Quoting from the Police Act, the Minister read aloud the following:
“17. (1) It shall be lawful for any member of the Force
to arrest without a warrant –
(a) any person who commits in his view an offence punishable either upon indictment or upon summary conviction; or
(b) any person whom any other person charges with having committed a felony or misdemeanor; or
(c) any person whom any other person –
(i) suspects of having committed a felony or misdemeanor, or any person whom any other person —-
(ii) charges with having committed an offence punishable on summary conviction; if such other person is willing to accompany the member of the Force effecting the arrest to the police station and to enter into a recognizance to prosecute such a charge; or
(d) any person whom such member of the Force finds dis-turbing the public peace; or
(e) any person whom he has good cause to suspect of having committed or being about to commit any felony, mis-demeanour or breach of the peace; or
(f) any person whom he finds between the hours of eight o’clock in the evening and five o’clock in the morning lying or loitering in a highway, yard, or other place and not able to give a satisfactory account of himself.
(2) Without prejudice to the powers conferred upon a member of the Force by the last preceding subsection, it shall be lawful for any member of the Force, and for any person whom he shall call to his assistance, to arrest without warrant any person who within the view of any such member of the Force shall offend in any manner against any law and whose name and address shall be unknown to such m ember of the Force and cannot be ascertained by him.”
It is apposite to note that the said Police Act has never been amended under the PPP/C administration. Moreover, it worked well while the PNC was in office from 1964 to 1992. Not now with the PNC in opposition, the act does not serve the political ambitions of the PNC and therefore as far as that party is concerned “the law is no guarantee that the people’s rights will be respected in Guyana.”
The erroneous stand adopted by the PNCR presupposes that illegal and politically expeditious actions on the part of the police and the civilian administration must now take precedence over the law in order to satisfy the political objectives of the PNCR.
According to the PNCR, the police are targeting Black youths only in Agricola, Bare Root, Buxton, Rosignol, Linden and New Amsterdam, and it is because of such actions on the part of the police that youths are becoming criminals and shooting back at the police.
This accusation by the PNCR has serious racial undertones. The implication here is either the force is racially biased against Black youths or is being directed by a person or persons with racial prejudices against African villages.
The Ministry of Home Affairs rejects all or any of these accusations and deems them baseless and without any foundation whatsoever. They cannot be substantiated by facts or statistics.
What the PNCR wishes the police to do is to see Black youths as their ‘kith and kin’ and regardless of whether they are suspects or criminals to leave them up to their own devices and to turn a blind eye and disregard the law in favour of the PNC and their supporters.
The Ministry of Home Affairs has no apology to offer in defence of legitimate police actions within the meaning of the law and reflected in the Police Act.
No amount of threats direct or indirect based on past experience will deter the Ministry of Home Affairs from supporting the lawful actions of the Guyana Police Force. The law is for both government and opposition and is not to be upheld depending on whether a party is in government or opposition.
The PNCR should feel free to approach the Police Complaints Authority, the Office of Professional Responsibility, the Ethnic Relations Commission, the Guyana Human Rights Association and the relevant international bodies to have its complaints addressed.
Yours faithfully,
Clement J. Rohee
Minister
