‘Vigilante justice’ is defined as the ‘extrajudicial punishment’ of an individual and is usually driven by the absence of functioning system of law and order, or general dissatisfaction and disillusionment with the justice system by the populace.
This peer-to-peer punishment when viewed within the context of a community under siege from violent and armed criminals pushing back against this scourge, at first glance may seem a tolerable occurrence. Indeed, the right of a person to protect their property from violent trespass and to use a degree of force appropriate to the circumstances seems an accepted principle of law in many domains on earth. However, the tragic downside of this self-policing in communities is that it emboldens people to take the law into their own hands and they appoint themselves judge, jury and executioner.
There are indeed times in our society when individuals have to stand up to the elements invading their homes and communities, and defend life and property, albeit within the confines of the law. Many times the failure to do so ends in unspeakable tragedy for the besieged victims of crime; for example, the Berbice couple tragically burnt in their home a short while ago, or the savagery that was visited upon the home of a member of the judiciary and her husband last year.
The cold unpalatable truth is that this country has become increasingly violent, criminals are increasingly brutal and savage and the police force and the justice system on the whole have, over the years, become increasingly derelict in the delivery of justice to victims of violent crimes and their families. The apprehension and successful prosecution and sentencing of criminals is perhaps the most effective deterrent to crime, but in Guyana over the past decades, this most basic of processes within the system of justice has eluded the authorities, and botched investigations and botched prosecutions replete with missing files, have become the order of the day.
The result? People have concluded that the police force is unreliable and ineffective and the court system, protracted and inefficient, and people now have zero confidence in the ability of law enforcement to protect them. The fact that law enforcement in Guyana sometimes fails to uphold basic international human rights standards also serves to erode public trust in the system.
If the current government had any doubts about where things stand with respect to public confidence in the system of justice in Guyana they need not look further than the recent assessment of ‘Democracy, Human Rights and Governance in Guyana’ compiled by the United States Agency for International Development (USAID). According to that report, the police force is the least-trusted institution in this country.
Over the weekend, President David Granger had reason to publicly comment on the vigilante attacks that have increased in communities across the country. He warned citizens that this method of justice would not be tolerated, stressing that “it can get out of hand.” His caution was both timely and necessary though his government, like the previous one, is failing in the area of public security and offering few assurances and even less hard evidence, that the state is doing enough to secure lives, tackle escalating crime, and restore confidence in law enforcement and the system of justice.
That said, it should be qualified by the acknowledgement that in recent times with the advent of Wendell Blanhum as Crime Chief, there has been an undoubted improvement in the apprehension of suspects. However, in a general sense, people are weary of the police and the court system where the wheels of justice turn very slowly or not at all, and sometimes band together to protect life and property.
In the past we have witnessed the mob-style justice meted out to Sophia resident Nigel Lowe, who was accused of a break-in and died following a severe beating. Lowe’s lifeless body was later tied to a utility pole by a mob of about 30 persons. The initial intention was apparently to burn the body, but in the end this was not done.
Recently, the murder of Seon Clarke made headlines after he was killed vigilante-style, and his friend severely beaten, both for “acting suspiciously” in an East Bank Demerara community.
Clarke’s murder remains under investigation and conflicting details have emerged with respect to what actually happened, but a police statement said that he was shot by a resident and his accomplice beaten before they were handed over to the police.
Prior to this, a video of a man tethered with rope walking along an East Coast Demerara road like an animal while fending off blows from villagers was circulating on social media with unconfirmed reports that he stole a pig. There were also the beatings in North Ruimveldt following a break-in.
While the frustration of the residents of the various communities is understood, the dispensation of justice by street mobs cannot be allowed to continue. Government must act quickly and decisively, but must start within its own house first. The Guyana Police Force is in dire need of an urgent overhaul, and the public must be able to see the change in the Police Force beyond the improved investigative work by the current Crime Chief; there must be more prevention of crime and quick and effective responses to crimes in progress. The fact that vigilantes are able to inflict their own brand of justice for hours before police finally arrive on the scene is a fact that speaks volumes about the efficacy of the GPF.
Indeed, the entire justice system is in need of an overhaul. In a country known for having some of the best lawyers in the Caribbean it is a shame that the court system still operates in an archaic way, and it is bordering on the ridiculous to see a police corporal trying to prosecute a case against a highly trained and seasoned attorney-at-law.
Once again Mr Granger has come forward to deliver well-meaning utterances to the public in an attempt to discourage street justice. But will his speech fall on deaf ears because of the failings of the justice system firstly, in relation to the GPF tasked with the core responsibility of protecting and serving, and then the court system for the dispensation of justice? Once these remain broken, it may be more than a little disingenuous for the President to wax eloquent on those elements practising vigilante justice, ostensibly in defence of their communities, while the GPF and the justice system continue to show dereliction in the execution of their duties.