Dear Editor,
In his article last Sunday, titled “Presidential Immunity”, Ralph Ramkarran wrote “In Guyana a President can stand up in Regent Street and shoot a shopper dead and by virtue of article 182(2) he or she would be immune from prosecution even after he or she ceases to be President. The article clearly states that no criminal or civil proceedings shall be brought against a President for any act or omission committed by him or her in his or her private capacity.”
Article 182(2) states: “Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him or her in respect of anything done or omitted to be done by him or her in his or her private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him or her or anything done or omitted to be done in his or her private capacity.”
The wording “Whilst any person holds or performs the functions of the office of President…” suggests that no immunity from prosecution is granted to a president after leaving office for acts in a private capacity. That immunity is apparently extended only while in office. Could Mr. Ramkarran therefore explain how the said immunity extends, as he stated, “even after he or she ceases to be President”?
Sincerely,
Sherwood Lowe