Submitted by Rickford Burke of Caribbean Guyana Institute for Democracy (CGID)
Public Statement by Attorneys
31st October 2009
“No person shall be subject to torture or to inhuman or degrading punishment or other treatment.”
Article 141 of the Constitution of the Cooperative Republic of Guyana.
“Any person who is arrested or detailed shall be informed as soon as reasonably practicable .. ..of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice…”
Article 139 of the Constitution of the Cooperative Republic of Guyana
“Every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of the Government, and where applicable to them all natural and legal persons and shall be enforceable in the manner herein prescribed.”
Fourth Schedule includes Convention of the Rights of the Child
Article 154 A of the Constitution of the Cooperative Republic of Guyana.
The (Guyana Police) Force shall be employed in the prevention and detection of crime, …. and the due enforcement of all laws and regulations with which it is directly charged …” Police Act Chapter 16:01 of the Laws of Guyana.
The events surrounding the arrest, detention and subsequent torture of a fourteen year old minor and at least one other suspect while in the custody of the Guyana Police Force at the Leonora Police Station are as chilling as they are abhorrent.
The subsequent refusal by the Guyana Police Force to permit another brutalized detainee access to a legal advisor of his own choice, particularly eminent Senior Counsel , for a period of four days is a flagrant violation of the guaranteed protected fundamental rights of the citizen, as set out in the Constitution of the Republic of Guyana by those whose primary duty is to uphold the rights enshrined in the Constitution.
The restriction and prevention by the Guyana Police of access by the media and other members of the public to a Magistrate’s Court while victims of police brutality where present in the Court are ominous signs of a cover up and suppression of the publication of criminal activity by law enforcement officers.
We the undersigned wish to condemn in the strongest possible terms the torture of a minor and for a matter of fact any other person while in custody by members of the Guyana Police Force.
We wish to record our unreserved condemnation of the Guyana Police Force of their refusal to permit the minor access to a legal advisor of his choice after his detention by the Guyana Police Force.
The restriction of access by the media to a public court by members of the Guyana Police Force where evidence of their acts of torture and violence is unashamed attempt to suppress the dissemination of information to the public of criminal activity by members of the Guyana Police Force who are charged with the responsibility of protecting and serving the public. This enjoys our unequivocal condemnation.
We condemn crime in all forms and offer our sympathies to the victims of all crimes.
We make the following immediate demands:
1. The immediate institution of criminal charges against those responsible for the torture of the minor at the Lenora Police Station between the 27th and 30th October 2009.
2. The establishment of an independent public Commission of Inquiry into the following:
(a) Operational and structural procedures of the Guyana Police Force which led to the torture of a minor while in police custody.
(b) Operation and structural procedures which permitted these events to proceed undetected and unsanctioned.
(c) Operational and structural procedures which facilitated an Attorney at law being denied access to his client.
3. The immediate suspension of the Officer in charge of the investigation and the officer in charge of the station at which the minor was tortured during the conduct of the investigation into the events.
4. The immediate provision of immediate medical and psychological treatment to the victim of these horrific events.
1. Bernard De Santos S.C.
2. C.A. Nigel Hughes.
3. Vic Puran
4. Khemraj Ramjattan
5. Stephen Fraser.
6. Mark Waldron.
7. Glenn Hanoman.
8. Pamela De Santos.
9. Roger Yearwood.
10. Ronald Burch-Smith
11. Gregory Gaskin.
12. Anil Nandlall.
13. Gino Persaud
14. Joseph Harmon
15. Robin Hunte.
16. Kenita Cumberbatch.
17. Deborah Kumar.
18. Raphael Trotman.
19. Peter Hugh.
20. Satyesh Kissoon.
21. Rexford Jackson.
22. Moen Mc Doom. Jnr.
23. Mishka Puran.
24. Manoj Narayan.
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