The official ‘Response of the Government of Guyana to the Universal Period Review’ presented by Ms Gail Teixeira in Geneva on September 13 was a dangerous setback for public security. The administration formally “rejected” the recommendations made in the United Nations Human Rights Council’s ‘Report of the Working Group’ in June this year for independent inquiries into allegations of human rights abuses.
The administration’s response, described as the ‘Views on Conclusions and/or Recommendations, Voluntary Commitments and Replies Presented by the State under Review,’ stated that “Guyana considers that these recommendations or allegations of grave human rights abuses, including murders and extrajudicial killings, allegedly committed by members of the armed forces and the ‘phantom squad’ in the period 2002-2006 to be one-sided, misinformed and prejudicial.”
The administration specifically rejected Recommendation 70.44 that called on Guyana to “Establish an independent commission, supported by international experts as necessary, to investigate the allegations of grave human rights abuses, including murders and extrajudicial killings, allegedly committed by members of the armed forces and the ‘phantom squad’ in the period 2002-2008.”
The administration rejected also Recommendation 70.45 to “Establish an independent inquiry into abuses allegedly committed by a ‘phantom squad’ between 2002 and 2008 and [to] ensure all those responsible are brought to justice” and Recommendation 70.46 to “Ensure thorough and independent investigations of all extrajudicial killings, taking into account findings in the report of the United Nations Independent Expert on Minority Issues on the ‘phantom death squad.’”
The administration, in its specific response to the recommendation to establish an independent inquiry, stated plainly that “Guyana does not accept the need for ‘another inquiry’ and thus rejects this recommendation.” Exactly what Ms Teixeira might have meant by “another inquiry” is not clear since no other inquiry has been held. Her argument seemed to suggest that “various Boards of Inquiry, including several courts-martial, which investigated specific cases,” had been convened.
The limitations of the two agencies which she cited – the Police Complaints Authority and the Guyana Police Force’s Office of Professional Responsibility – are well known to everyone. The former ‘Authority’ has no independent investigative capability and is obliged to refer all major cases against the police to no other than the Commissioner of Police himself. The latter ‘Office’ is actually a section of the Commissioner’s office and can investigate only such matters as are referred to it by the Commissioner.
Ms Teixeira also noted “the establishment,” in October 2009, of “a special unit headed by Guyana Police Force’s Crime Chief [which] 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.” It adds, misleadingly, that “This has borne some fruit and the special unit continues to function.” What unit? What fruit?
Ms Teixeira must be aware, of course, that none of these devices – all which fall directly under the Commissioner of Police – can be regarded even remotely as an “independent inquiry.” Many of the allegations of abuse have been directed against the Police Force. How can the Force be expected to investigate itself ?
The consequence of the adminstration’s negative policy is that the causes behind this country’s most horrendous massacres during the seven-year troubles – at Nathoo’s bar in Kitty; Lamaha Gardens; Bourda on Diwali night; in Buxton-Friendship; Prashad Nagar; Agricola-Eccles; La Bonne Intention where a Cabinet Minister was assassinated; Bagotstown-Eccles; Lusignan; Bartica and Lindo Creek – will have to await a new administration after next year’s general elections for the public to learn the truth.
