The Organization of Commonwealth Caribbean Bar Associations (OCCBA) and the Commonwealth Lawyers Association have both labelled the brief arrest of Attorney-at-Law Tamieka Clarke by SOCU as unlawful and called for immediate action against the Guyana Police Force unit.
Attorney Clarke, who is attached to the law firm of Shaun Allicock but previously worked in the Director of Public Prosecutions’ Chambers, was arrested on October 28, 2022, after she advised her client to remain silent and not provide the Special Organised Crime Unit (SOCU) with a statement.
The move has sparked condemnation from the legal fraternity with the Guyana Bar Association calling for an immediate investigation into the incident. The Police’s Office of Professional Responsibility has been instructed to launch an investigation into the incident and Clarke has threatened legal action.
On Tuesday, the OCCBA condemned the arrest and said that it was informed of the incident by the Bar Association of Guyana, a member of OCCBA.
“OCCBA strongly condemns the malicious and arbitrary arrest of Ms Clarke and calls for immediate and appropriate action be taken against those who take the law into their own hands to deny a citizen of his right to remain silent, to punish an attorney for discharging her professional obligations, and to make a mockery of a widely recognized, well preserved and constitutionally protected right,” the statement related.
The Caribbean Bar Association said that while the incident is unfortunate, it also presents a valuable lesson not only for Guyana but the wider Caribbean as well. It noted that the arrest of attorney Clarke reminds of the continuing need to sensitize the society, at all levels including the police, on the Constitution and the rights and obligations falling thereunder.
“Most importantly, the authorities need to ensure that our police officers continue to be exposed, educated and sensitized on the laws impacting their professional duties and the rights of citizens when in conflict with or arrested by the police, thus avoiding embarrassment and perhaps saving the State from payouts of significant sums in damages. While OCCBA fully recognizes the challenges of
crime-fighting, police officers ought to understand that they themselves must comply with the law. Their powers are constrained by the Constitution, to whom all are subject, and other relevant laws of the land,” the OCCBA advised.
It added “OCCBA commends the timely and decisive response of the GBA who, like a true watchdog of the legal profession and guardian for the administration of justice, rose to the occasion, collectively seeking the interest of an unlawfully arrested colleague, and staunchly defending her right to dutifully practice her profession in accordance with the law and the constitution. Commendations also go out to the attorneys who promptly answered the call of Ms Clarke, visited her at the station, and secured her release from custody.”
The OCCBA also commended Clarke for “vigorously defending” the rights of her client and standing up to the officers that sought to intimidate her. Additionally, the intervention of Attorney General Anil Nandlall was also recognised.
Clarke’s client was under investigation for computer related fraud and was being questioned by SOCU. She had advised him, two days prior to her arrest, not to give a statement to the police and that was communicated to the SOCU investigators. However, Superintendent Krishnadat Ramana threatened to have her arrested if her client followed through with the advice.
In that regard, the OCCBA urged the GBA and other Bar Associations in the region to continue to jealously protect the constitution, safeguard the rule of law, and speak out on issues impacting human rights and the administration of justice.
Meanwhile, the Commonwealth Lawyers Association (CLA) reminded that the Basic Principles on the Role of Lawyers (Basic Principles) were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27th August to 7th September 1990. It pointed out that paragraph 16 states “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
“CLA expresses very serious concern that Ms Tamieka Clarke has been arrested as a consequence of giving advice to her client and; that the Police, which should uphold the Constitution and the rights of citizens, have acted unlawfully and contrary to the rule of law…the CLA calls upon the authorities in Guyana to uphold the rule of law and the constitutional rights of citizens and lawyers,” a statement said.
The Jamaican Bar Association also expressed its concerns about the arrest of Clarke labelling the move as “an attack on a fundamental principle of the rule of law.”
“We condemn this action and are very concerned about this assault on the legal profession. It is a clear departure from the Constitution of Guyana which enshrines the right to silence in the course of criminal investigation, consistent with the advice of counsel in the matter.
“This gross encroachment by the state has the result of undermining the rule of law and we shall remain carefully attentive in this cause. The Jamaican Bar Association stands with our colleague while we await the official position of the Guyanese Commissioner of Police,” it said in a statement.
The Guyana Police Force and Commissioner Clifton Hicken have remained silent on the issue despite calls for immediate action by various bodies. It is unclear what if any action will be taken against Ramana.
