At an emergency meeting on Wednesday, members of the GBA also agreed that the Terms of Reference (TOR) for the inquiry should include an assessment of the “systemic causes of the disregard for the rule of law” that has led to abuses by the police force as well as the prison service and the army. They have also urged that there be recommendations of effective mechanisms to ensure the rule of law is respected, particularly by the police force and other organs of the state.
At a news conference yesterday, GBA President Teni Housty also strongly condemned the previous day’s attacks on the Supreme Court Registry and two police stations, noting that there is grave concern when the foundations and institutions of the judicial system become the victim of brazen attacks. He warned that such attacks could lead to a state of anarchy.
Housty, along with Guyana Association of Women Lawyers President Sandra Kurtzious and attorney Gino Persaud, presented a resolution passed by GBA members, who condemned “absolutely” and “unequivocally” the torture of the teen while in police custody at the Leonora Police Station, the action of the force in denying to the boy and other detainees access to an attorney, and the violation of their human rights, in breach of constitutional protections. Three persons, including the boy, 15, were held for questioning into the murder of ex-Region 3 Vice-Chairman Ramenaught Bisram. One of them was charged before it was subsequently discovered that all three were beaten by the police and the genital area of the teen was burnt. He was later hospitalised, while two policemen were charged for wounding the other suspects.
In addition to an inquiry, GBA members urged that all “citizens of conscience” to set aside political concerns, historic grievances and ethnic differences and join in the demand for reform in the conduct of the disciplined services. They also recommended the creation of a mechanism for immediate redress and with external oversight where the right of detainees to consult with their lawyer has been hindered.
According to Housty, the action of the GBA would not end with the resolution. “Our intent is focused and sustained advocacy against torture and all other violations of human rights,” he said, while urging others to join in support. He said, “Each of us, as part of society, we have duties and responsibilities which we must take seriously. These are fundamental concerns which we must redress.”
He said too that the GBA intends to put measures in place at police stations to ensure that such violations would not happen again. He mentioned that one measure that would be advocated is the introduction of a “duty counsel” system, where the names and numbers of attorneys who are available would be posted in police stations to ensure that persons in custody could access representation at that critical juncture. He noted that it was part of the legal aid scheme in Jamaica and it is an important feature in criminal matters. Housty also noted the need for police to be further sensitised on the rights of citizens as well as the need for the public to know what their rights are, including those outlined in Article 139 of the Constitution. Article 139 (3), Housty noted, provides for arrested or detained persons to be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest of detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Guyana as an attorney-at-law, and to hold communication with him.
Asked about the silence of the GBA on previous instances where torture was alleged, Housty acknowledged the absence of a public position but noted that there has been sustained advocacy on the issue by members of the legal community over the years. “We acknowledge the acts of the past and we need to look to ensure it does not happen in the future,” he said, adding that a holistic approach could ensure that there is change. According to Housty, the association should not be judged by words but also by the actions of its members over time.
Persaud also explained that in the area of sustained advocacy, the GBA would form a human rights sub-committee and it intends to follow up any future instances of torture and other abuses at the hands of authorities. He said the GBA intends to chronicle all cases, including those that might have occurred previously, and where possible it would support strategic public interest litigation.
Like Housty, Persaud appealed against haste in condemning the GBA for “perceived non-action” in prior instances. “I think sometimes it takes a chain of events to culminate-not only the Bar Association but other bodies-and to propel them into action,” he said, observing that “It could be instances built up over a period of time that leads to increased frustration.” He emphasised the need for collective action.
Meanwhile, association member Anil Nandlall yesterday recommended the establishment of a constitutional court as part of the move towards specialised courts. “I see no reason why we cannot move towards the establishment of a constitutional court which would deal exclusively with matters of human rights and constitutional breaches,” he said, noting that such matters are as important as any other within the legal system.
On how the attack on the Supreme Court was affecting operations, Housty noted that an assessment still needed to be done to assess the full scope of the damage in addition to the records that were destroyed by the fire. He, however, said he was informed that the Registrar’s seal was destroyed in the fire, hindering the process of certifying documents.
Housty added that the incident highlighted the importance of putting emergency methods in place to deal with record keeping. Noting that the judiciary is in the midst of a modernisation programme, he said the issue could be addressed as part of that process.
