Home Affairs Minister Clement Rohee yesterday said policemen implicated in the torture of a teenaged murder suspect crossed the line, while urging that due process be allowed to take its course.
Rohee also signalled a major shake-up in the West Demerara police division following allegations of torture by the police ranks at the Leonora Police Station, even as the police force’s Office of Professional Responsibility (OPR), investigating the case, acquired two additional statements from persons who alleged they were also beaten. Three persons, including the boy, 15, were held for questioning into the murder of ex-Region 3 Vice-Chairman Ramenauth Bisram. One of them was charged on Friday.
“…It appears that the investigating ranks went to the outer limits permissible,” Rohee told reporters yesterday, adding that “From all indications, they crossed the line to physical coercion and instead of applying psychological pressure to the suspect, third-degree methods were used which in today’s context constitutes an inexcusable wrong doing.” He added that the goal now is to find out who did it and to allow due process to take its course, adding that the police must be encouraged and allowed to investigate all crimes.
Meanwhile, Rohee also said he had given general specific directions to the Commissioner of Police Henry Greene about changes in the division, in the wake of the allegations, for which charges are expected to be laid shortly.
Responding to questions from reporters, Rohee said he could not say whether action has been taken against the divisional commander, Paulette Morrison. He explained that he had discussed the matter with Greene and they both concluded that “administrative and managerial changes” in that division have now become “necessary.” However, he made it clear that in the case of a gazetted officer of the force, interdiction is dealt with by the police.
According to the minister, when he first saw the image on Saturday he was in disbelief and had to telephone the police to get the facts. He insisted that he was unaware of the burning of the boy in the Leonora lock ups and as soon as he saw it he contacted the commissioner.
According to the accounts received by this newspaper, the burning took place last Wednesday night.
Responding to a question about whether investigators are focusing on how Kaieteur News got possession of the picture of the burnt child, the minister said that he is not focusing on it. He added that it is an internal police matter. Reading from a prepared statement, Rohee said that there was good news for the force last Friday and then bad news the next day, with the shocking revelation about the beating and torture allegedly by police ranks.
He observed that while the murder led to the usual emotive outcry and the demand that the killers be brought to justice, with the allegation of torture the pendulum has swung in the other direction. Pointing out that justice may be blind, the minister stated that it now seems that it has to look in both directions — the side of the murder victim and to the side of the victims claiming torture. He advised that the public must not lose sight of the fact that there is still the case of Bisram who was brutally murdered. What is critical now, he emphasised, is that in both instances due process must be followed and ultimately the court must decide.
Rohee further pointed out that the government has said time and time again that “it abhors torture and that any act so committed is neither centrally directed nor condoned by the administration.”
He said that with regard to claims of an attempted cover up, the ministry’s rejection of that is based on the view that cover-ups betray the law itself. He added that such action only inspire conspiracies against the rule of law and undermines, by deceit, public trust.
Rohee rejected a claim from Guyana Human Rights Association (GHRA) that “ranks engaged in torture were given official protection” as a total fabrication aimed at misleading the public. He said the ministry supports the commissioner’s view that “there are unsuitable policemen who will raise the ire of society with the way they operate.” According to him, steps are being taken to root out such ranks when they are discovered.
Under attack
Meanwhile, speaking during the opening of the Junior Officers’ Course No. 19, Greene told those gathered that the torture of prisoners/suspects is not part of the force’s standing orders and noted that with the incident it has once again come under attack. He made it clear that the force was unhappy the developments over the last four days, pointing out that because of the actions of two ranks it is being castigated while its good work is being forgotten. He said that it can come to a point where the public’s perception is that it is a culture for the police to burn people. “I condemn the action of the ranks,” Greene said, adding that he empathised with the young boy, his family and his friends since they have all been caused pain.
Holding up a book which he called “the police’s bible,” Greene said it was the standing orders and nowhere in it does it say anything about torturing. He cited several sections, including the care and custody of prisoners, the powers of the police when it comes to prisoners and the acceptable instances of using violence on a prisoner. “It (the standing orders) is a guide for your work… Sometimes in the anxiety to solve murder, some of these ranks go overboard they go beyond what they should be doing,” Greene said, adding that the perpetrators of the act would be dealt with publicly. He gave assurances that the matter is being investigated by a large team. He was quick to point out that there are a lot of things that need to be done and the investigation into these allegations would not be an easy task. “We have to build the evidence. We have a lot of things to do before we put the evidence together to place someone before the court. We have to investigate the matter properly before we can focus on who is to be placed before the court,” he added.
Greene told those gathered that ranks cannot abuse their power by ill-treating and assaulting prisoners. “It is a matter of utmost gravity for any member without good and sufficient reason, to use violence again a prisoner. It does not say that the police cannot use violence, but you must have good and sufficient reason,” he said.
Such reasons, according to the standing orders, include fending off an attack, the escape or likely escape of a prisoner, or physical violence being used on ranks by the prisoner.
Commenting on the standing order as it relates to confession statements, he noted that these must be obtained in prisoner’s own handwriting with supervision from an officer. If the prisoner cannot write, a confession must be taken by an inspector.
He said that no prisoner should be moved from station to station without permission and if there are allegations of brutality the prisoner must be seen by the police surgeon or a government medical officer, who, if necessary, could move that to hospital. He urged the ranks in the audience to refer to their “police bible” as it clearly lays out all the procedures. Responding to calls for an inquiry into the allegations of police brutality, Greene asked, “Which organization does not have rotten eggs?” adding that the force should not be castigated because of one incident. “We must be allowed to deal with them and we will not back off. That is the way of the law,” he declared.
Suspects still to be identified
Greene later told the media that two officers are under close arrest and from all appearances four persons are involved. They are all attached to the Leonora Police Station.
However, he pointed out that the culprits have not yet been identified by the prisoner and the investigators are working on that aspect of the case. “The identification aspect of it, I think that would be able to put us in a much better frame to decide who goes to court. That’s all we are waiting on to decide,” he stated, but added that the case would not fall through because of a lack of identification.
He stated that a prisoner cannot walk into a police station injury free and then is mysteriously found with injuries. Green stated yesterday that he was unaware of a third person alleging torture, but all three cases will be thoroughly investigated. He said investigators were contemplating whether there was enough evidence to place the third person in custody before the court for murder and had sought the advice from the DPP. At that point he could not say if the advice was sought or if the court had granted an extension to keep the suspect in custody. The suspect was arrested on Tuesday last.
Asked about reports that suspects who are detained at the Leonora station are often brutalized by ranks, Greene said he was unaware of such allegations but once persons come forward investigations will be launched. He expressed surprise that those in custody were not allowed to access to their lawyers, which is clearly set out in the standard orders. He said he was also surprised at the media being locked out of the court by the police, assuring reporters that the issue was being dealt with, since only the magistrate had such authority in a juvenile case. Asked about this being done under the commander’s instruction, Greene said, “let us wait on the investigation.”