In a damning indictment of the Guyana Police Force (GPF), its oversight body, in its latest report, has described numerous shortcomings, including ignorance of or failure to adhere to standing orders, ignorance of fundamental rights and key laws, misuse of police powers, alleged unlawful arrests and intimidation.
These and other concerning defects within the GPF are highlighted in the Police Complaints Authority (PCA) 2023 Annual Report, distributed on October 10, 2024. In the report, PCA Chairman Justice (rtd) William Ramlal detailed numerous violations of the PCA Act and raised concerns about the oversight and accountability of police actions, particularly regarding fatal incidents involving officers.
Contacted, Head of the GPF Corporate Communications Unit Mark Ramotar said he was unaware if the PCA Chairman had shared the 2023 report with the GPF or its senior command. However, on October 12, 2024, the GPF issued a statement addressing concerns raised in the report. The statement specifically addressed the number of complaints filed against GPF personnel, calling the figure relatively minor when compared with the vast number of interactions the GPF had with the public each year.
The PCA reported that 194 complaints were received against police officers, with 53 rejected and 22 pending investigations. While this may suggest widespread issues, the GPF argued, the numbers do not adequately reflect the overall performance of its officers. It stressed that the complaints represent a small fraction of the thousands of cases handled in 2023.
According to the report, no information was provided to the PCA for 2023 regarding censure, which raised questions about disciplinary measures taken against police officers. Notably, the report cited four cases of fatal police shootings that were referred to the PCA for investigation. However, Justice Ramlal said, he was unable to fulfil his statutory obligations because he did not supervise the investigations, as required under the law. The investigations were conducted without proper oversight, a breach of Sections 12, 13, and 14 of the PCA Act, he said, asserting that the police were effectively acting as judge and jury in their own cases.
“These matters were all investigated by the police in flagrant violation of the law,” Justice Ramlal stated, noting that files concerning the cases were never forwarded to the PCA. He has urged President Irfaan Ali to intervene, insisting that it is imperative for the President to clarify to the Top Cop that such breaches could not continue.
The PCA Act mandates that the authority is notified of any complaint regarding police conduct, especially in cases resulting in death. According to Justice Ramlal, failure to follow these procedures undermined the authority’s ability to fulfil its role, particularly of submitting comprehensive reports to Director of Public Prosecutions (DPP) Shalimar Ali-Hack.
Compounding these issues, Ramlal revealed that several officers facing criminal charges remained on active duty, contrary to the GPF’s Standing Orders. Of the 17 members recommended for disciplinary action, none have been brought before the Police Discipline Autho-rity, suggesting a troubling culture of impunity within the ranks.
With regard to the misuse of police powers, alleged unlawful arrests and intimidation, the GPF statement asserted that many of the incidents were unintentional and that the GPF strove to operate within legal boundaries. “We recognize that mistakes can occur, but our officers are trained to adhere to the law and fulfil their duties responsibly,” a GPF spokesperson stated.
The report further criticised Acting Police Com-missioner Clifton Hicken’s failure to consult the PCA regarding misconduct charges and disciplinary penalties, as mandated by Sections 9(3) and 9(4) of the PCA Act. Justice Ramlal stated that this lack of communication had significant implications, as it undermined the authority of the PCA and the rule of law. Mr Hicken is yet to respond to this.
Justice Ramlal highlighted alarming trends in police conduct, including instances where officers facing criminal charges remained on active duty rather than being suspended, which contravened the GPF’s Standing Orders. He added that many officers were reportedly settling criminal matters with complainants, which raised ethical concerns about accountability and transparency.
Regarding the suspension of officers, the GPF statement said that there were established procedures in place to uphold the rule of law during investigations. It stressed the importance of maintaining discipline and order within the ranks.
On the topic of disciplinary action, the GPF statement said that if an officer settled a matter with a complainant outside of criminal proceedings, disciplinary charges might not be pursued due to a lack of evidence. This policy aims to ensure fairness and due process within the GPF, the statement said..
Justice Ramlal’s findings also pointed to a troubling lack of knowledge among police officers regarding fundamental rights and key laws. His investigations included interviews with over 300 officers, which revealed a significant gap in their understanding of the GPF’s Standing Orders and constitutional rights outlined in Articles 138 to 153 of the Constitution. He emphasised the urgent need for training at all levels of the police force to prevent violations of citizens’ rights.
“Without a proper grasp of these laws, police investigations are flawed and can lead to serious legal repercussions for the state,” the PCA Chairman cautioned. He stressed that the PCA’s mandate should not be undermined and called for immediate action to ensure compliance with the PCA Act.
While the PCA report claimed that 95% of police officers surveyed were unaware of their powers of arrest, the GPF statement questioned the validity of this finding. It cited lack of information regarding the sample size and context of the survey. The GPF emphasised its commitment to improving officers’ understanding of their legal responsibilities through continuous training and workshops, according to the statement.
Addressing specific concerns about traffic ranks misusing their powers, the GPF reiterated its policy of not detaining individuals for traffic offences where imprisonment was not a potential outcome. The statement said the GPF characterised incidents of unjustified arrests as isolated, asserting that these did not reflect standard operating procedure.
The GPF Academy, according to the statement, remains dedicated to enhancing the skills of its ranks through comprehensive training and innovative strategies. By fostering a culture of accountability and continuously evaluating their practices, the GPF aims to uphold the highest standards of law enforcement and strengthen its service to the community, the statement said.
In August 2023, acting Commissioner Hicken was accused of serious violations of the PCA Act in a report that was also part of the PCA’s 2022 annual summary. Then, as now, significant concerns were raised regarding oversight of police conduct and the integrity of investigations into police-related deaths.
In 2022, the PCA had also received 194 complaints against police officers. Four involved fatal police shootings, including the case of 23-year-old Quindon Bacchus, who was shot during a police operation in June 2022. Following PCA investigations, three officers were criminally charged, highlighting the ongoing issues within the police accountability framework.
Meanwhile, according to the 2023 PCA report, interviews were conducted with over 300 police officers, from senior superintendent to rural constable, to assess their understanding of the GPF’s Standing Orders and the rights of citizens. Alarmingly, none demonstrated substantial knowledge of critical laws or the fundamental rights enshrined in the Constitution, the report said.
In 2021, the PCA received 220 complaints against police ranks and in 2020, it had received 237.
