Dear Editor,
I believe that lawyers are outraged and distressed by the criminal violence which has engulfed our country which the police and the state have been powerlessness to contain. The murder of Ramenaught Bisram and others which remain unpunished in the court take a tremendous toll on the psyche of the nation and contribute to the pervasive lawlessness of our country.
We are similarly concerned by the culture of violence within the Police Force. Those who find it acceptable claim it is necessary. But to what end? Clearly it has not reduced crime or increased prosecution rates. Are those not supposed to be the objectives of effective policing?
I recall that on Saturday, 31st October 2009 a group of about 10 lawyers gathered on the ground floor at the chambers of Bernard DeSantos, SC, to figure out what we could do in response to media reports about a 14-year-old boy who was allegedly tortured by the police at a West Demerara Police Station. These allegations would turn out to be true. Such was the urgency with which we felt we should act that we immediately crafted a statement and by telephone asked colleagues to add their names to the statement we proposed to issue. The list includes prominent attorneys associated with opposition parties as well as many with close ties to the executive. Such was the abhorrent nature of the reports that political divisions among the Bar which arise from time to time vanished. The text is worthy of revisiting:
“‘No person shall be subject to torture or to inhuman or degrading punishment or other treatment.’
Article 141 of the Constitution of the Cooperative Republic of Guyana.
“‘Any person who is arrested or detailed shall be informed as soon as reasonably practicable … of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice…’
Article 139 of the Constitution of the Cooperative Republic of Guyana
“‘Every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of the Government, and where applicable to them all natural and legal persons and shall be enforceable in the manner herein prescribed.’
Fourth Schedule includes Convention of the Rights of the Child
Article 154 A of the Constitution of the Cooperative Republic of Guyana.
“‘The [Guyana Police] Force shall be employed in the prevention and detection of crime … and the due enforcement of all laws and regulations with which it is directly charged …’
Police Act Chapter 16:01 of the Laws of Guyana.
“The events surrounding the arrest, detention and subsequent torture of a fourteen year old minor and at least one other suspect while in the custody of the Guyana Police Force at the Leonora Police Station are as chilling as they are abhorrent.
“The subsequent refusal by the Guyana Police Force to permit another brutalized detainee access to a legal advisor of his own choice, particularly eminent Senior Counsel, for a period of four days is a flagrant violation of the guaranteed protected fundamental rights of the citizen, as set out in the Constitution of the Republic of Guyana by those whose primary duty is to uphold the rights enshrined in the Constitution.
“The restriction and prevention by the Guyana Police of access by the media and other members of the public to a Magistrate’s Court while victims of police brutality where present in the Court are ominous signs of a cover up and suppression of the publication of criminal activity by law enforcement officers.
“We the undersigned wish to condemn in the strongest possible terms the torture of a minor and for a matter of fact any other person while in custody by members of the Guyana Police Force.
We wish to record our unreserved condemnation of the Guyana Police Force of their refusal to permit the minor access to a legal advisor of his choice after his detention by the Guyana Police Force.
“The restriction of access by the media to a public court by members of the Guyana Police Force where evidence of their acts of torture and violence is [an] unashamed attempt to suppress the dissemination of information to the public of criminal activity by members of the Guyana Police Force who are charged with the responsibility of protecting and serving the public. This enjoys our unequivocal condemnation.
“We condemn crime in all forms and offer our sympathies to the victims of all crimes.
“We make the following immediate demands:
- The immediate institution of criminal charges against those responsible for the torture of the minor at the Leonora Police Station between the 27th and 30th October 2009.
- The establishment of an independent public Commission of Inquiry into the following:
(a) Operational and structural procedures of the Guyana Police Force which led to the torture of a minor while in police custody.
(b) Operation and structural procedures which permitted these events to proceed undetected and unsanctioned.
(c) Operational and structural procedures which facilitated an Attorney at law being denied access to his client.
- The immediate suspension of the Officer in charge of the investigation and the officer in charge of the station at which the minor was tortured during the conduct of the investigation into the events.
- The immediate provision of immediate medical and psychological treatment to the victim of these horrific events.
1. Bernard De Santos S.C.
- C.A. Nigel Hughes.
- Vic Puran
- Khemraj Ramjattan
- Stephen Fraser.
- Mark Waldron.
- Glenn Hanoman.
- Pamela De Santos.
- Roger Yearwood.
- Ronald Burch-Smith
- Gregory Gaskin.
- Anil Nandlall.
- Gino Persaud
- Joseph Harmon
- Robin Hunte.
- Kenita Cumberbatch.
- Deborah Kumar.
- Raphael Trotman.
- Peter Hugh.
- Satyesh Kissoon.
- Rexford Jackson.
- Moen Mc Doom. Jnr.
- Mishka Puran.
- Manoj Narayan.”
Perhaps we were negligent in not including demands for the officers involved to be permanently separated from the Police Force. Who could have foreseen their retention and promotion?
The criminal case against the police fell apart and clearly there was insufficient interest to cause meaningful disciplinary action against the two principal policemen. The state paid $6.5M damages in satisfaction of a constitutional motion brought by the victim. For reasons set out below, this has a special resonance with me this week.
We know torture continues at Leonora and elsewhere. Rahim Khatoon died after being beaten in police custody. In October 2014 at Sparendaam, a 19-year-old arrested for loitering was burned by a police officer and kept in the cell for several days before being taken for medical attention. The state paid $1.5M in damages to settle a constitutional motion brought by the victim.
In the interregnum, in July 2012, Shemroy Bouyea, Allan Lewis and Ron Somerset were murdered by the police while protesting and dozens suffered serious injuries and loss of property. Thousands of livelihoods were impaired by the dislocation which followed. The estates of Shemroy Bouyea and Allan Lewis were awarded $3,000,000 and that of Ron Sommerset, $1,000,000 by the Linden Commission of Enquiry with no award for breach of their constitutional right to life. The overall economic cost of the damage which ensued from the wanton disregard for human life of the senior police officers involved, must surely tally in the billions of dollars. Several of the principal officers have since been promoted, including the apparently highly favoured Assistant Commissioner Hicken, who continues to share with the citizenry his unique approach to law and order.
In recent days, since the announcement of promotions approved by the Police Service Commission, many others have expressed shock about the retention and promotion of police officers who were involved in the 2009 torture incident. I agree with them. There is no justification. Unsurprisingly, the executive has opted to take hands-off view, laying blame at the feet of the Police Service Commission. I am sure there are persons sufficiently gullible to accept that the PSC is immune from influence in such important matters – legitimate or otherwise. I have certainly seen no expression of at least concern from any member of the executive that these officers continue to provide protection and service to Guyanese. No right-thinking person accepts that in the six years since the Leonora torture the Ministry of Home Affairs is so impotent that the PSC and the Guyana Police Force remains unresponsive to the Minister’s policy recommendations, if any. I am unable to summon the strength to debate the logic of those who either defend or feign inability to influence this state of affairs.
We are a small country with problems that a small amount of good intentions on the part of those with great power could ameliorate. It is clear that there is a culture of violence and abuse within the Police Force. This appears to cause the executive no disquiet.
As I compose this, my utter disappointment with the injustice of our society has been compounded by having attended the Court of Appeal on 29th January 2015. There, a distinguished medical practitioner whose reputation was severely tarnished by certain media publications had his award of damages increased from the High Court award of
$4.5M to almost $15M. It would appear that bad talking an upstanding professional is more dangerous than the immolating of a prisoner or shooting an unarmed citizen.
Yours faithfully,
Ronald G Burch-Smith
President
Guyana Bar Association
