-open to torture review
The Bharrat Jagdeo administration has rejected calls by Canada and the United Kingdom for independent probes into allegations of human rights abuses here, including murders and extra-judicial killings committed by members of the armed forces and a ‘phantom squad.’
“Guyana considers that these recommendations… one sided, misinformed and prejudicial,” the government has said in its official response to the United Nations Human Rights Council (UNHRC) on its human rights record.
In the “Response of the Government of Guyana to the Universal Period Review (UPR),” dated September 13, 2010, the administration has, however, said it will consider a recommendation by Canada to invite the UN Special Rapporteur on Torture to conduct an assessment of torture here. “Guyana categorically states that torture is prohibited. It also re-affirms that the constitutional and legislative framework supported by the institutional provisions for complaints mechanisms and redress, including the new HR Commissions, and, an open and free media, allow for such cases to be addressed,” it said.
The government argued that the movers of the call for an international investigation into human rights abuses and the activities of a ‘phantom squad’ here appear to have ignored the fact that “the worst crime and killing spree in its (Guyana’s) history was waged by violent criminal gangs during the period 2002 -2008, leading to the murder or permanent maiming of hundreds of men, women and children.” It further cited the assassination of a government minister, members of his family and two guards in 2006, execution-style by the Rondell ‘Fineman’ Rawlins gang as well as the massacre of 25 persons, including five children, in Lusignan and Bartica in 2008. “It cannot be over-emphasized that the state and all of its citizens were under siege by these violent criminal gangs using terroristic tactics and politically motivated so as to make the country ungovernable,” the government said. It added that despite the “horrific period,” Guyana has not been complacent in the face of allegations of abuses of human rights by members of the disciplined forces and it noted the establishment of various Boards of Inquiry, including several courts-martial, which investigated specific cases. The Police Complaints Authority (PCA) and the Guyana Police Force’s Office of Professional Responsibility, it said, also received complaints and investigated them, leading to a number of the perpetrators being brought before the courts. These two permanent bodies continue to function and are responsive, government added.
Under the framework of the UPR, Guyana’s human rights record was scrutinized in Geneva, Switzerland on May 11. Canada had urged the establishment of an independent commission, supported by international experts as necessary, to investigate the allegations of grave human rights abuses, including murders and extra judicial killings, committed by members of the armed forces and the ‘phantom squad’ in the period 2002 to 2006. It said that Guyana should ensure thorough and independent investigations of all allegations of extrajudicial killings, taking into account findings in the report of the United Nations Independent Expert on Minority Issues on the ‘phantom death squad.’ The UK had also called for an independent inquiry into the phantom squad and the US indicated that it supported the calls. Several other countries advocated independent investigations into complaints and possible violations of human rights committed by state security agencies.
At that time, Minister of Foreign Affairs Carolyn Rodrigues-Birkett noted that there was already a process in place for such investigations but said Guyana would examine the recommendations and provide responses no later than the 15th session of the UNHRC, which is currently ongoing.
Guyana noted its commitment before the UPR that once evidence and witnesses are available, all those responsible for the crime wave between 2002 and 2008 would be brought to justice, whether they were part of the violent criminal gangs or those in the ‘phantom squad.’ Specifically on the call by the UK to “establish an independent inquiry into abuses allegedly committed by a ‘phantom squad’ between 2002 and 2008, and ensure all those responsible are brought to justice,” the administration responded that “Guyana does not accept the need for another inquiry and thus rejects this recommendation.”
In bolstering its responses, the administration recalled that one of the opposition parliamentary parties brought a motion on torture to the National Assembly on February 1, 2008, which was debated. Further, it added that Opposition Leader Robert Corbin had brought a motion on October 23, 2009, calling for an international inquiry into Roger Khan, “the so-called leader of the ‘Phantom Squad.’” Speaker Ralph Ramkarran had ruled that the motion was inadmissible and advised that it be amended in keeping with the Standing Orders but the opposition took no further action. “The government remains prepared to debate this matter,” it said, while also noting that the Joint Services were congratulated in the National Assembly for bringing an end to the violent crime gangs who terrorized Guyanese society in the period up to 2008 and were urged to foster greater public confidence.
With regards to various Boards of Inquiry, including several courts-martial that were established, the government said their findings were published and made available to the media.
The media was also present during the proceedings of all court martial, it said. It also pointed out that in October 2009, a special unit headed by Guyana Police Force’s Crime Chief Seelall Persaud publicly called on all individuals, organisations or groups who may have information or vital evidence concerning the alleged murders involving the Fineman gang, Roger Khan’s gang or any other gang or individuals who may be involved to come forward and provide whatever information or evidence that may be available. “This has borne some fruit and the special unit continues to function,” the government said.
The government said that PCA Chairman retired Justice Cecil Kennard last June reported that it had dealt with 25 cases of alleged unlawful killings over the past three years: five in 2007; eight in 2008; eight in 2009; and four in 2010. Inquests are currently being held in all of them, the government reported. So far for this year, the PCA has received 255 complaints against police ranks, ranging from neglect of duty to unlawful arrest, using unnecessary violence and four cases of unlawful killing. There were 355 complaints to the PCA in 2009 while the year of highest complaints was in 1989 with over 580 complaints, the government said.
Further, it added that the OPR reported that in 2009, 180 complaints were received representing an 11% increase and 62 members of the force were before the courts charged with various crimes, including robbery, simple larceny, bribery and indecent assault.
Following the review, an outcome report, which includes the questions, comments and recommendations as well as the state’s response, would be prepared and adopted. The report then has to be adopted at a plenary session of the UNHRC, during which time the state under review can reply to questions, issues and recommendations that were not sufficiently address-ed prior. The process emphasises that the state has the primary responsibility to implement the recommendations contained in the final outcome.