A day after he created a stir by asking about corruption allegations against Vice President Bharrat Jagdeo, the US representative on the UN Human Rights Committee kept up a barrage of questions including the outcome of investigations into the detention of the former Home Affairs Ministry Permanent Secretary at a US airport last year and extrajudicial killings.
During yesterday’s continuation of the United Nations’ 140th Session of the Human Rights Committee (CCPR) in Geneva, Switzerland, Minister of Parliamentary Affairs and Governance Gail Teixeira answered follow-up questions along with new ones posed by United States committee member Laurence Helfer regarding various human rights issues in the country.
Helfer raised concerns about the state’s response to allegations of corruption and the need for agencies to be more proactive in investigating such claims. In particular, the committee member inquired about civil forfeitures, criminal prosecutions, and the government’s handling of high-profile cases like the detention of a former Permanent Secretary, Mae Toussaint Jr Thomas at the Miami International Airport in April of last year.
“The (Guyana) delegation mentioned that the state assets recovery agency has been replaced by several government bodies that have authority over asset recoveries pursuant to statutes adopted in 2022 and 2023 and that civil forfeitures have been carried out by these agencies. Would the state party provide information regarding these forfeitures, including the number of cases, the identity of the individuals targeted, and the amounts recovered? Please also indicate whether any criminal prosecutions have been initiated by these agencies. In addition, does the state party consider that these agencies have a positive duty to be more proactive in investigating allegations of corruption? For example, how is the state party responding to allegations of corruption that have become publicly known, such as the detention of Ms. Mae Toussaint Jr Thomas (former Permanent Secretary), a senior public official, at the Miami airport in the US on April 8, 2023? Are the authorities of the state party investigating this incident and if not, why not?” Helfer prodded.
In dealing with all the questions posed by different committee members, Teixeira seemed to lose track of Helfer’s question on Toussaint Jr Thomas detention along with those related to civil forfeitures and thus failed to respond. Toussaint Jr Thomas detention in the US and the revocation of her US visa had raised eyebrows. She has since been moved from the Home Affairs Ministry to the Labour Ministry. There has been no local investigation of the incident.
Stabroek News had reported that Toussaint Jr Thomas was carrying a significant amount of cash but below the threshold for declaration when she was selected for a secondary inspection on April 8 last year at Miami International Airport. Her cell phone was subsequently confiscated.
Sources close to the government said that Toussaint Jr Thomas was carrying around the equivalent of US$9,000 when she was questioned by the authorities in the US. She then continued on to China.
Since the government had said that she was on a PPP-related training programme, questions have been raised as to why she was carrying that amount of cash.
According to sources, several months earlier, a close relative of Toussaint Jr Thomas who is a US citizen also had their phone seized at a US airport, underlining that the US authorities have been keeping a close watch on their movements.
When Toussaint Jr. Thomas broke her silence weeks after the incident, she did not provide any significant details on why the United States Customs and Border Protection (CBP) had taken her phone. She said that the phone was seized on April 8 and she was notified of her visa revocation two days later.
“I wish to refer to speculation, both in the print and social media, about my interface recently with US immigration officials at Miami International Airport on April 8, 2023. Most of what has been reported is erroneous. I wish to clarify that I was referred for a ‘routine secondary check.’ There was a misunderstanding over my official cell phone without me being able to advise my officials. I advised that the cellphone be sent to the Minister of Home Affairs, Honorable Robeson Benn in Guyana,” Thomas had said in a statement.
“Thereafter, I was allowed the choice of entering the United States of America or continuing on my journey- which last I opted to so do. Subsequently, during my return journey I was advised that my US visa was revoked on the 10th April, 2023 and that I would have to make alternative arrangements to return to Guyana,” the statement added.
She said that she remained “open to engaging with US authorities on any possible travel arrangements to the USA in the future.”
Broached
Helfer also broached the topic of the death penalty in Guyana, which was touched on on Monday. While acknowledging the removal of the mandatory death penalty and the existence of a moratorium on executions since 1997, he expressed concerns about the retention of the death penalty for certain offences that may not meet international standards. Helfer urged the state party to ensure a consistent and proactive stance in favour of abolition, especially in light of the commitment to accede to the Second Optional Protocol.
Teixeira responded by highlighting amendments to the Criminal Code categorizing crimes that warrant the death penalty, as well as the availability of life imprisonment and parole for individuals convicted of serious offences. She also emphasized the existence of procedures for individuals wrongfully convicted to seek review and potentially receive compensation.
Turning his attention to the subject of extra-judicial killings by police and security officers, Helfer pointed to the fatal shooting of three individuals, one being Quindon Bacchus, and sought a comment from Teixeira on same.
“Turning to Issue 13, the committee recognizes that incidences of police brutality have decreased over the years. However, we remain concerned by the persistence of excessive use of force by the police and security services, including extra-judicial killings. For example, on May 15, 2021 Peter Headley was fatally shot by a policeman while being driven to the police station, in May 2023 Dhanraj Singh was shot and killed in Ruimveldt while police were responding to a reported domestic violence incident, and in June 2023, Quindon Bacchus was shot and killed during what the police claimed was a “sting operation”. The committee has also not received updates on investigations into allegations of extra-judicial killing that took place in 2002 and 2006 as requested in the list of issues. In 2018, the state party announced that a presidential commission of inquiry would investigate these allegations. Please comment on the substantive progress made by this commission. Please also describe what measures the state party is taking to prevent extra-judicial killings, especially those committed by the Guyana Police Force, and to ensure effective and transparent investigations of allegations and to punish the responsible parties,” Helfer pressed.
His question was met with a vague response by Teixeira who brushed through her answers in consideration of the brief time given to respond. She did, however, explain the outcome of the Quindon Bacchus case and acknowledged that she may have missed some questions.
“A question was asked about the Quindon Bacchus killing by the police. The police officer was arrested and charged. He’s also been dismissed from the Guyana Police Force. These steps show he was not acting in accordance with the police practice and protocols. The prosecution is ongoing of the officer. As I said there are many questions I may have missed… but we’re open to answer any follow-up questions,” she noted.
The ministers also highlighted the establishment and functioning of oversight bodies like the Police Complaints Authority and the Police Visiting Committees.
Helfer also posed questions regarding reports of racial profiling and excessive use of force against Afro-Guyanese citizens and Teixeira assured the committee that efforts were being made to address these practices. In response to Helfer’s queries about the Commission of Inquiry into extrajudicial killings, Teixeira admitted that the commission was not established by the current government but stated that mechanisms existed for individuals to appeal convictions based on new evidence.
Guyana is expected to face more questions today. Teixeira and the Guyana delegation appeared virtually.
