Dear Editor,
Even for a country accustomed to official abuse, misconduct and illegalities, the revelation of torture inflicted on a child by members of the security forces has met with an outrage that was palpable and instantaneous. We have had the inevitable, obligatory and strident calls for action and “never again.” But in all our anger let us not forget that there is a child lying on a hospital bed, not only physically scarred but quite possibly, also psychologically damaged. Instead of simply joining the chorus, I would hope that Minister Manickchand and the Minister of Health are ensuring that the child receives immediate and appropriate medical and psychological attention.
Increasingly it seems that for the Army and the Police, abuse and torture have replaced intelligence and investigations as the preferred method of interrogation, in inverse proportion to the basis of identification of their “suspects”. For most of our post-Independence history, there has been a direct link between the criminal tendencies within the Forces and the political culture that encourages and sustains them. More recently, they were encouraged and became a cover for governmental complicity and action in the murderous campaign by Roger Khan that led to the ultimate torture – death – of several scores of mainly black youths.
Prior to that murderous campaign, there were calls for the Indianisation – rather than the professionalisation – of the Force. By chance or design, the rearrangement of the top echelon of the security forces has been accompanied by a noticeable increase of human rights abuses including torture and death. I witnessed first hand, late last year, the arrest and unlawful locking up of five Afro-Guyanese going about their ordinary business on a Sunday afternoon. It is a measure of the fear of victimisation and discrimination that now grips Guyanese that these working class men, who had to spend a miserable night at the infamous Brickdam Lockups, and whose families had to pay several thousands of dollars to secure their freedom and establish their innocence, refused to take action against the State for unlawful arrest and wrongful imprisonment.
That is why I consider it heartening that the Guyana Bar Association and a number of lawyers have taken a stand on this most recent issue. They should not be taken in by the protestations of outrage from Government persons, some of which are at one and the same time self-serving and revealing. The Minister of Home Affairs for example only objects to “excessive force”, while the Police seem more intent and diligent in identifying the source of the photograph rather than in showing genuine regret for their actions and concern for the victim. The nation and indeed the Police Force owe the “source” deepest gratitude for exposing the torture – not disciplinary action. Our lawyers must offer their collective protection to that officer and professional service to the victim to ensure that he is released from Police custody immediately and is compensated, so far as money can, for his suffering.
They must demand a reason for action being taken only against those allegedly directly involved and not against those duty-bound for the overall proper administration of the Force. The buck does not stop at the bottom, nor does it seem realistic – given the high profile nature of the case which gave rise to this latest atrocity – that the Crime Chief and the Commissioner of Police would not be kept informed over a period of four days, of developments in the case, including the status of the witnesses. Whether they did not know or did not want to know is equally bad and is itself a good enough cause for sanction against them. Only when people at the top are held accountable and punished for misdeeds under their watch, will we ever get to “never again”.
For too long we have made the cardinal mistake of isolating the conduct of the Police from the imposition of political influences on the Force, such as a number of acting positions including that of the Commissioner.
The Bar Association and the lawyers must insist that there is an independent body superintending the conduct of the Police, comprising civil society including the legal profession. They must demand as well, by court action if necessary, that the Government fill the constitutional Office of the Ombudsman, that defender of the ordinary citizens. They must hold to account the Government and in particular the President for his frequent abuses of the Constitution including on matters directly pertaining to the legal profession. They must do everything necessary to ensure that there is a return to the rule of law; that there is access to justice and information; the establishment of an Administrative and Constitutional Court supported by an Administrative Justice Act; a Freedom of Information Act; that they are watchful and vigilant against the raiding of the Treasury and the Lotto Funds; that there be campaign finance reform; that the Constitution is respected and observed; and that the wheels of justice are oiled and run efficiently.
These are formidable tasks, tasks on which the political opposition and civil society have had minimal success. Powerful and strategically placed as they are as a group, the lawyers cannot carry this national obligation alone. The medical profession should have been horrified by the prevalence of torture of which that of the child is the most recent example, and possibly most egregious. They have a duty to raise their voices and to offer their services.
And where are the accountants and other professionals? Their position of privilege imposes on them important duties as well. The activism and voices of all the religious denominations – Bahais, Christians, Hindus, Muslims – the entire trade union movement, whatever their political allegiances, and the state and state-leaning media, cannot be silent when the very well-being and indeed a measure of our humanity are under threat. This national outrage calls for a national response.
Yours faithfully,
Christopher Ram