Lawyers for Melissa Atwell and others have written to the Commissioner of Police asking for the factual and legal basis behind the search of their premises at Lot 86 BB Eccles, East Bank Demerara on September 17th and claiming a breach of constitutional rights.
“We are instructed by our clients that on the 17th of September 2024, ranks of the Guyana Police Force appeared at and carried out an unlawful search and trespass of the home of Ms Debbie Tyson and Ms Josephine Tyson…”, the lawyers said in the September 19th letter to Clifton Hicken.
The letter said that Atwell is a well-known human rights activist who has been employing her social media platform to advocate against alleged corruption within the Government of Guyana and the Guyana Police Force.
“We have advised our clients that these actions constitute trespass and a violation of our clients’ constitutional right against arbitrary search and entry, as afforded to every Guyanese under Article 143 of the Constitution…
“We are instructed that the unlawful actions of the Guyana Police Force constitute an attempt to harass, bully, and intimidate Ms Atwell into remaining silent in relation to her criticisms of the Government of Guyana and the Guyana Police Force”, the letter said.
The lawyers said that their clients have advised that police ranks “during the unlawful search” conducted themselves in a way that violates Article 141 of the Constitution pertaining to protection from inhuman or degrading treatment.
The lawyers said that during the search, their clients observed no body cameras being worn by the ranks conducting the search, nor was the search video-recorded.
In the circumstances, our clients have instructed us to request from you, as we hereby do, the factual and legal basis upon which your ranks purported to search our clients’ residence and their persons, in written form, inclusive of any documentary sources that informed your actions”, the letter said.
The lawyers said that in view of the seriousness of the matter they expected a response no later than 48 hours upon receipt of the letter, failing which legal proceedings will be instituted against the State of Guyana”.
The letter was signed by Roysdale Forde SC, Nigel Hughes, Joseph Harmon, Eusi Anderson, Dr Dexter Todd, Narissa Leander, Iyanna Butts and Darren Wade.
The police had said that on September 17th, between 16:10 and 17:00 hrs, a Police team led by a gazetted officer, Assistant Superintendent M.Singh, acting on intelligence received, went to the home of Debbie Atwell, a 56-year-old unemployed woman of Lot 86 BB Eccles, East Bank Demerara, where a search warrant was executed for narcotics.
Police searched the house and yard. While searches were conducted in the yard, Police ranks observed a black plastic bag containing a transparent plastic (ziplock) bag, which had a quantity of suspected cannabis, over the back concrete fence in the alleyway (next to some banana trees).
The suspected cannabis was thereafter retrieved and taken to the Providence Police Station, where it was weighed and amounted to 27 grams. Additionally, the suspected cannabis is being processed for fingerprints, the police said in a statement. Investigations are continuing.
There has been no further word from the police on this matter.
