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Aug 19, 2009 Features / Columnists, Peeping Tom
True, it will take more than terms of reference to bar or keep out the accused party from introducing what it is in their interest. But it is also equally true that without terms of reference, there can be no inquiry.
The Working People’s Alliance and their leaders, one of whom is in exile not from the phantoms but from the Taliban, ought to know about this. After all four years ago, a demand was renewed for closure to the death of Walter Rodney.
The government consented and asked for help in the tedious and technical task of formulating terms of reference. The government is still waiting for the political gamesmanship to end so that these terms of reference can be formulated.
Even those silent about the procrastination and political belly-dancing that has taken place with respect to the promised inquiry into the death of Rodney, even those not-in-your-face, political exiles have enough sense to appreciate when politics is being played with an inquiry; when non-action also serves a particular interest.
In the case of the promised inquiry into the death of Rodney, a shameless interest of seeking not to place a spoke in the wheel of big tent alliances, but at the expense of the interests of justice.
Words have meanings and interests. It conditions not just terms of references, but also shapes imagery and outcomes. The formulation of the terms of reference of an inquiry dealing with extra judicial deaths must be sensitive to this.
To carry out a fair and impartial investigation into all the violent acts committed in the wake of the 2002 jailbreak, including activities and relationships to the narcotics trade, is tailored also to serve certain interests. It emphasizes relationships to the narcotics trade but ignores to give equal prominence to relationships and activities with political parties.
It certainly does not satisfy all parties if one type of relationship is highlighted: that of violence linked to activities of narcotics trade. What about violence linked to political actions? What about violence supported and sponsored by the masterminds, who we are told came from “outside” and turned the village of Buxton into an arena of conflict.
The government which claims to have evidence of political involvement in the violence on the East Coast following the 2001 elections did turn down the opportunity for a wider inquiry. But whose interests were served by this. In the end, the inquiry concentrated on the main opposition demands for an inquiry into the alleged links between a minister and death squads which we are told killed hundreds of young Africans.
The findings of that inquiry did not accord with the interests of those making the allegations. Now there are again calls for another inquiry into another phantom grouping which is supposed to have killed the same persons that were killed by the first phantom group.
Those demanding the investigation feel that they are on solid ground. They have the sworn testimony of someone under a witness protection program in another jurisdiction, a man who says he was there. Just like the man who caused the ruckus that led to the first inquiry. He also said he was there, present in a room when the minister received a telephone call and was issued the instructions to eliminate. The inquiry had an unflattering description for that witness. It deemed him lacking in credibility, and the phone records produced during the inquiry proved that his story of him being present in the same room as the minister on the night when phantoms struck in Robb Street, was a figment of his imagination.
This time, the forces demanding another inquiry feel they have the real McCoy. They are confident about the statement made under oath in a New York Court. They seem to have forgotten that the accused has also testified under oath.
Caution is also instructive. A few weeks ago, certain witnesses in a murder trial in Guyana also gave evidence under oath. So incredible did their testimonies turn out to be that the sitting judge indicated that he would be filing a report about these witnesses whose testimonies were found to be deceptive.
An inquiry is expected to bring closure, to settle points of dispute, to determine guilt or innocence and to allow for healing. Ironically, the calls for an inquiry into the violence from the Taliban and the violence from the Phantoms, will stir up a process of deep division and distrust, even as it sets out to bring about justice and satisfaction. But it is necessary, nonetheless.
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