Despite the COVID-19 pandemic, juveniles in the national holding centre are still accessing the justice system remotely.
There are currently 15 juveniles (all boys) between the ages of 14 and 18 at the holding centre and according to William Orrin Boston, Director of the Juvenile Justice System Department in the Ministry of Public Security, they are all charged with murder. Two of the juveniles entered the facility after the pandemic reached the shores of Guyana.
The department was created out of the 2018 Juvenile Justice Act, which has made provision for alternative and diversion measures for juveniles in conflict with the law, both pre- and post-trial, and emphasises education, rehabilitation, and reintegration measures. It also provides alternative sanctions which can be imposed on culpable youths in conflict with the law.
In an interview with Stabroek Weekend, Boston said that with the assistance of UNICEF the programme has moved to the remote court system and Skype is being used. However, by the second week in August there would be a full remote court, which was being catered for prior to the advent of COVID-19.
“We were finding, apart from cost, sometimes the bottleneck of timely movement of juveniles to the court system, and I guess that whole trauma also of walking in and out of the court, one of the partnerships with UNICEF had propagated and fostered the enablement of a remote court system…,” Boston said. In February, when it was announced that UNICEF and the Ministry of Public Security had signed a Memorandum of Understanding (MOU) to formalise partnerships between state and non-state actors in providing “diversionary measures” for children who come in contact with the law, Minister Khemraj Ramjattan had spoken about the remote court participation. He had said that the participation, which was going to be piloted in Region Four, would see the establishment of a safe place to use technology for the delivery of justice. The remote court participation devices were to be set be set up at the New Opportunity Corps (NOC) and the New Amsterdam and Lusignan prisons for “purposes of saving money and time in relations to getting things done under the Act,” according to the MOU. The minister had said that this would lessen the need for transportation as justice was accessed.
“We have however, progressed. I must put on record the… support of UNICEF and the guile of our own Permanent Secretary [Daneilla McCalmon] as even in the absence of a budget we were able to move forward…,” Boston said.
With the COVID-19 pandemic, some challenges arose as regards the holding facility and the NOC (where 12 juveniles are being held), particularly as it relates to diversion, for which most of the programmes are interpersonal in an effort to build relationships. These, such as the skill-based programmes, had to be temporarily shelved in light of the social distancing guidelines.
According to Boston, the programmes are being remodelled to meet an edutainment model and the impact would have to be assessed as they progress. With the phased reopening of society, Boston said the social distancing component is being considered and it is their intention to recommence classes for the juveniles by August 1, following the COVID-19 guidelines. While some of the programmes will entail the practical aspects, Boston said they may just have to do the theory initially and the practical at a later stage when it is permitted.
With the support of UNICEF as well, they have been able to put into place the relevant measures, such as wash sinks, masks and washing detergents at the facilities. Visitation has not been allowed but the juveniles have been allowed calls to their relatives.
Meanwhile, since the novel coronavirus became a reality in Guyana, Boston said, they have had two new intakes into the holding facility and that was a challenge in itself as the facility does not have a quarantine area. But the regimen of testing was applied and in following the guidelines it was not one-time testing.
“In terms of forward thinking, COVID-19 has alerted us to the fact that in terms of structuring facilities [we need] to cater for emergencies and fortunately in our intended budgets for 2020 one of the things we wanted to do… is to remodel the juvenile holding centre more in terms of reaching some of the guidelines that have been propagated by the United Nations since we are signatories to the Rights of the Child Conventions…,” Boston said.
He noted that some of the structure settings at the centres are not in keeping with the regulations provided under the conventions. The areas to be adjusted are the cell blocks, which are to be upgraded to cater for after-hour activities.
Diversion
Within the diversion system under the Act, there are different options, including diversion at the police stations depending on the offence. Some offences can also be dealt with in a restorative manner depending on the parties.
Boston explained that their mandate would entail implementation of diversion programmes along every step as the department looks at juvenile justice holistically but as it relates to facilities the only facility that is directly under the department is the holding centre, while there is a partnership between the Ministry of Social Protection and the Ministry of Public Security as it relates to the NOC.
He revealed that amidst COVID they have had the inter-agencies memorandum of understanding – among government ministries and non-governmental organisations (NGOs) – focusing on prevention and spotting high-risk behaviours and diversion can work from that point.
In conjunction with UNICEF as well, the department has been able to support the Legal Aid Clinic in order to provide representation for those juveniles who come in contact with the law and Boston sees this as a plus as it fosters speedy trials for those involved.
And in the facility of itself, Boston said, they would not have juveniles accused of lesser offences linked to those charged with more serious offences. So far, only those charged with the capital offence are at the holding facility. None of the 12 juveniles at the NOC are charged with the capital offence and they have already been processed and are serving time.
Boston sees it as a plus for Guyana that there is a formative system to foster in the long term, a reduction of criminality in society by the early tackling of juvenile contact with the law and bringing them to a position where they understand that there are positive purposes in society.
When the department came into play, Boston said, an assessment was done at NOC and those inmates who could have been, were released and channelled to the Ministry of Social Protection based upon them only being aligned to status offences and that decreased the population. For the juveniles, including those charged with the capital offence, sentencing does not mean the end of life and that is why the structure caters for rehabilitation, education, and reintegration.
“The process is not to banish them for the rest of their lives…,” he said, while adding that within the structure of the system one of the things that has to be rectified via Parliament is the NOC.
Under the current Act, the NOC is listed as an open facility but Boston said they need it to be an open and closed facility where they would have the juveniles trained and educated at the same location and they are looking to have a collaboration with the Board of Industrial Training (BIT) in this regard. He explained that an open facility could see juveniles leaving the facility under certain protocols and returning to complete their sentences, but a closed facility ensures that the juvenile remains at the location, while the programmes needed are provided there.
Boston said that NOC has the space to accommodate both an open and closed facility, but this would have to be accommodated through an intervention in the National Assembly.
In the future, radios from a controlled point and television will be made available and there would be levels of reward for the juveniles. Those who are being treated and are still showing some levels of dissent would not be given the same privileges as the juveniles who show more progress.
Training
And according to Boston, under the programme, training is a part of the system and it is not a case that his department would be the decider on every case. In many instances, they are made aware and have to monitor and evaluate what is happening. Ultimately if a child reaches a facility that child must be treated according to the ordinances of the Act.
The Juvenile Justice Department is just the administrative arm of juvenile justice as it relates to execution, he explained. The training has to be at the level where the police will have to understand if it is an offence that must be processed, such as if it is a case of murder, or if it a case that could be handled without processing.
Based on the fact and their statutes, the police may determine if the offence can be treated restoratively. However, there is need to link to NGOs for support and while there are 55 of those identified, Boston said last February the department signed on to work with 17 of those.
“The system has to be so set up that the police should be able to contact a social worker or a childcare officer who is in a better position to make an assessment as to what help the child needs. Once the police are satisfied they could then lead off to diversion and that report would come to us and we monitor for impact,” Boston said.
And even if the offence is of a more serious nature, the police, if uncertain, could send the file to the Director of Public Prosecutions (DPP) who would make a final determination on processing or rehabilitation.
Families and communities also play a vital role in the rehabilitation of the juvenile and Boston explained that if it is determined that children could be placed in the care of their parents and they could be monitored there would be a delay in them being processed. He gave the example of the child who was charged with injuring another child in Linden and who even though charged has been released into the care of the parent with parameters. And with COVID as well, the process will be delayed, albeit not indefinitely. As far as possible, the treatment of each case would be done largely on a remote basis and once the evaluation shows that there is no risk the juvenile can be placed with their parents, which is catered for by the law.
The impact of the programme will be known after the juveniles are returned to society but Boston said during his stint at the Rights of the Child Commission it was indicated that such a programme will result in a reduction in recidivism, once the regiment of rehabilitation, education and reintegration is done.
“It goes beyond just the environment they are in, our programmes are intended to create linkages with the community, with families because in some of the cases the actual occurrence, the root cause is deeper than actual act,” he said.
Service
Heading the department is in line with what Boston has been doing all his life, as he revealed that he has always been about giving service. He started out as a bank teller, but after he completed university he found a different niche and was privileged to work with the Caricom Secretariat for a while. In 2003, he joined the first micro Guyana HIV/AIDS prevention and reduction programme, where he served as director of administration until 2008. After that stint, he spent a short time as the administrative manager at USAID, and when that office closed he did some consultancies for international agencies before serving as the first Chief Executive Officer of the Rights of Child Commission.
Boston continued his service at the National Insurance Scheme as the Assistant Manager for operation and he now sees his position at the Juvenile Justice Department as his-end-of-career stint.
“The task is [huge] but very achievable [and] the one good thing is that we have the support of bodies such as UNICEF and other projects. We also have the willingness of the NGOs to come on board. But I think the greatest thrust of programmes, such as the juvenile justice programme is that if you check the annals of Parliament it was the only Act in which for the longest while where both government and opposition said get it on with,” Boston said.
He said the latter is an impetus and a signal of support in recognizing that children coming in conflict with the law are indeed a part of the society and are serious contributors in the future as studies have shown that 96% of them could become rehabilitated and be positive contributors to society.
“A job like this you take, because you understand,” Boston but he acknowledged that the average Guyanese may have a punitive approach to things and as such part of the workplan of the department is a mass communication strategy.
Some may want to think that juveniles are being dealt with softy and Boston said they have to be patient in letting persons understand how juvenile justice operates and in some cases show them the empirical evidence of studies of the successes of restorative forms of justice.
“One of the things you have to highlight to persons is that it is not a tap on the knuckles for the youth. They have to be held accountable, but it is just a different approach to accountability. They have to held accountable and we have to treat with them,” he said.
