Torture incident creates a defining moment for civil society

Nov 04, 2009 Letters

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Dear Editor,
Recent revelations of the barbaric torture of a child by ranks of the Guyana Police Force (GPF) have had a chilling and devastating effect on the minds of most Guyanese, yet there remains an eerie silence from the non-political leaders in our society.
Those, who we would have expected to speak out and stand up against the continuous brutalization of citizens by members of the coercive arm of the state. In the past, when details of similar tortures against citizens:- Leander, Wilson, Sumner, Robertson, Jones, Dunn and Edwin Niles (who died after being similarly burnt and tortured) were revealed to the public, “civil society” sat back, and for the most part, remained silent.
The AFC believes that we cannot achieve change and transformation if only the political parties, the GHRA, Red Thread, and a few voices remain the only ones being heard on these issues. This silence of the religious organisations and their priests, pastors, pundits, and imams, the social organisations, youth clubs and organisations, the United Nations Association of Guyana, the ex-police officers association, and ex-members of the disciplined services, other associations of business and manufacturing, and leading citizens in our society, is what makes this administration, and these psychopaths who are state actors, bold and brazen enough to do what they do to other human beings who are Guyanese.
The getting together of a few dozen lawyers to protest the torture and general denial of rights of persons held for questioning, is a good start, but this start must proceed in the beginning, without the usual high-pitched political screams for justice and the respect for the basic human rights of citizens coming from just the political parties to whom the brunt of protest has been shunted. Speaking for the AFC, we will support any people’s initiative that stands up to confront and defeats this scourge. We want to see how the rest of society reacts and responds in the main.
The torture of this teenager, followed by the silence of so-called ‘civil society’, is a defining moment for them. The Oxford Dictionary describes this condition as “sufferance” where silence can be interpreted to mean “tacit consent” or “toleration”. Everyone wants to wash their hands and pass the responsibility to the politicians by asking “What are you going to do about this”. I believe that we are all involved and are going to be consumed at this rate, and that it is cowardice that keeps those who have a moral duty to speak out, silent.
So I, and the AFC, are now asking ‘civil society’ what have you to say and what will you be doing about this latest atrocity? I reiterate some of the words that I recently addressed to the heads of the disciplined forces, and which I had borrowed from a former US President: “there comes a time in the affairs of men (and women) when they must prepare to defend not their homes alone but the tenets of faith and humanity on which their churches, their governments, and their very civilization are founded.” I say that that time is now.
We are waiting to see whether the Guyana Bar Association and other professional associations will take this matter further and whether for once, the initiative will not have to be begun and sustained by the political opposition, but rather, will see us all standing side, by side, as we confront and defeat the evil within our society.
On another note, the Guyana Police Force issued a statement saying that it was investigating the allegation of “excessive” force used by its ranks on the child. It struck me when reading it, that what this statement really suggests, is that it is the obvious view of some in the Guyana Police Force, that force is acceptable when questioning and interrogating suspects. In this particular instance, it appears that “excessive” force may have been used and so there is an investigation into the “allegation”.
I am drawn to the word “force” within the name of the Guyana Police Force; remembering that it was the specific recommendation of the Symonds Group, consultancy firm, which reviewed police operations several years ago, that the name of our Police Force should be changed to the “Guyana Police Service”; a necessary change that my parliamentary colleague, Deborah J. Backer, has pleaded for ad nauseam. But no one listens and the brutality and use of force continues against helpless citizens.
I know that there are good policemen and women and so we appeal to them to not let the bad deeds of some become the crimes of all. Act now.
As a reminder, I am setting out below, extracts of the United Nations Code of Conduct for Law Enforcement Officials that was Adopted by General Assembly resolution 34/169 of 17 December 1979:
Article 2
In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
Article 3
Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.
Commentary:
(a) This provision emphasises that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorised to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may be used.
(b) National law ordinarily restricts the use of force by law enforcement officials in accordance with a principle of proportionality. It is to be understood that such national principles of proportionality are to be respected in the interpretation of this provision. In no case should this provision be interpreted to authorise the use of force which is disproportionate to the legitimate objective to be achieved.
Article 5
No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.
Article 6
Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required.
The Leonora youth and scores like him were denied their basic human rights under the Constitution of Guyana and international conventions.
Raphael Trotman

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