The family of one of the 43 Guyanese who are currently quarantined at a government facility has filed a court action contending that he is being unlawfully detained.
These Guyanese have been quarantined as part of measures to prevent community spread of the Novel Corona Virus (COVID-19) and includes passengers of a special flight which arrived in Guyana on March 25 from Barbados, seven days after all international ports were closed.
Kennard Gobin, the father of Khalil Gobin has applied to the High Court for an Order of Habeas Corpus Ad Subjiciendum demanding that the government officials explain the lawfulness of the younger Gobin’s detention.
Attorney General Basil Williams, Chief Medical Officer Shamdeo Persaud and Guyana Defence Force Chief of Staff Brigadier Patrick West have been named as respondents.
According to the family’s lawyer Sanjeev Datadin, the main contention of the family is that the conditions of Gobin’s quarantine do not comply with the March 16 Executive Order issued by President David Granger, Guyana’s constitution and the standards published by the World Health Organisation (WHO).
He contends that the Executive Order permits quarantining in groups if persons are COVID-19 positive but neither Gobin nor anyone else there has been tested so they should be allowed to self-quarantine.
The court submission came hours after Gobin’s brother wrote an open letter to a series of public health officials including Dr. William Adu-Krow, the Pan American Health Organization/World Health Organization (PAHO/WHO) Representative and Public Health Minister, Volda Lawrence.
According to the brother, Gobin is being held in “inhumane conditions”.
He said that his brother informed him that he is staying in a room which has no windows and is only equipped with two fans, with 10 persons, some of whom were there before he arrived.
These persons are made to share “the bare necessities to live” including two bathrooms that they are forced to clean themselves.
He added that the food prepared is not proper and is delivered at “odd times of the day”.
In a separate correspondence Gobin told Stabroek News that the beds within the facility are in a deplorable state and the inmates have not been provided with mosquito nets or new bed sheets so they have been using the same ones for days.
“The concern about this arrangement is that it defeats the purpose of mandatory quarantine since healthy persons in this facility may become infected with the virus”, he said in the letter, while adding that in those conditions it is difficult for persons to practice the necessary precautions to protect themselves from contracting the virus.
The man further stated that there is no line of communication between the passengers and those persons in authority and while an attempt was made it did not last long as it “descended into arguments”.
If proper communication was established, he noted, those passengers along with their relatives might have been able to propose assistance in having the quarantine exercise flow smoothly and for arrangements to be made for better meals.
He further expressed that it may be reasonable to think that all healthy individuals in the facility will become infected if just one person has the virus.
The residents who have not been tested for the disease have allegedly been told that upon completion of the quarantine exercise they will still not be tested if they show no symptoms instead they will be asked a comprehensive series of questions.
The family is contending that while the WHO has specifically outlined measures to be used to facilitate quarantining of individuals the government has not complied.
According to the ‘Considerations for quarantine of individuals in the context of containment for coronavirus disease (COVID-19)’, before the implementation of quarantine, countries should properly communicate and socialize the measures in order to reduce panic and improve compliance.
The article further noted under the recommendations for implementation of quarantine measures some appropriate quarantine arrangements should include, “adequately ventilated, spacious single rooms, with en suite toilet (hand hygiene and toilet facilities) [but] if single rooms are not available, beds should be placed at least 1 meter apart.”
The WHO article adds that even within the facility social distancing should be maintained among those in quarantine.
Further provisions include adequate food, water and hygiene provisions, appropriate medical treatment for existing conditions and communication inclusive of the explanation of their rights, the provisions that will be made to them, how long they will be made to stay at the facility and what would be the protocols if they are to get sick.
“Any person in quarantine who develops febrile illness or respiratory symptoms, at any point during the quarantine period, should be treated and managed as a suspect COVID-19 case” the article said.
It added that daily follow-ups should be conducted with the persons within the facility for the duration of their stay and that laboratory testing of a respiratory sample from the quarantined persons, irrespective of symptoms is advised at the end of the period of quarantine.
