Bar Association calls for external oversight to prevent torture by police

Nov 06, 2009 News

---

The Guyana Bar Association (GBA) says persons should not be too hasty to cast judgement for its perceived non-action in previous cases of alleged torture by the local security forces.
Yesterday at a press conference, the association urged all citizens of conscience to put aside political concerns, historic grievances and ethnic differences and join in the demand for reform in the conduct of the security forces towards the people of Guyana.
The GBA is also demanding the creation of a mechanism for immediate redress and civilian or external oversight where the right of detained persons to consult with their attorney-at law has been hindered.
This was contained in a resolution by the bar association condemning the use of torture by the Guyana Police Force on a child on or between October 28-31 last, following an emergency general meeting on Wednesday.
The emergency meeting was prompted by the fact that the association is an institution of attorneys at law committed to preserving and promoting the rule of law and defending and protecting the human rights of citizens which were violated by the actions of the security forces.
The Bar Association said that there is evidence beyond reasonable doubt that a 14-year-old child was tortured while in custody at the Leonora Police Station.
Reading from a prepared statement, the Association’s President, Teni Housty, informed that Guyana is a signatory to several conventions that support the human rights of persons.
“Having regard to article 141 of the constitution, article five of the universal declaration of human rights and article seven of the international covenant on civil and political rights, all of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment…the members of the Guyana Bar Association absolutely condemn the alleged torture committed on a juvenile,” Housty told the media.
He said that the bar association also condemned the action of the Guyana Police Force in denying access to the detained child, and other detained persons, the services of an attorney.
To this end, the GBA called on President Bharrat Jagdeo to appoint a Commission of Inquiry with several terms of reference.
These include a full-scale independent investigation into the abuses at the Leonora Police Station; to assess the systemic causes of the disregard for the rule of law, in particular the constitution of Guyana and the Judge’s Rule, and recommend effective mechanisms to ensure the rule of law is respected, specifically by the Guyana Police Force, and generally by the organs of the state.
“We intend to put measures in place at police stations to ensure that violations of these kinds will not happen,” Housty told the media.
Attorney at law Anil Nandalall submitted that the time has come for a demand for the establishment of a constitutional court.
He pointed out that there are some specialized courts in Guyana namely the Land and Commercial Courts.
There are also plans to establish a Family Court and with the advent of a piece of legislation that is presently in the committee stage in parliament, there will soon be established a sexual offences court.
To this end, Nandalall, a Member of Parliament for the ruling People’s Progressive Party/ Civic government, said that he sees no reason why Guyana cannot move towards the establishment of a constitutional court, which would deal exclusively with matters of human rights and constitutional breaches.
“I consider those types of issues and those types of cases as important as any other within our legal system,” Nandalall said.
His remarks were supported by the GBA President who pointed out the need for the speedy resolution of cases of this nature.
Another Bar Association member, Gino Persaud, told the press conference that the organization also has plans for sustained advocacy and follow-up action, in which a human rights subcommittee will be established.
“We intend to support public interest litigation,” Persaud said.
But many believe that the Guyana Bar Association’s present position is overdue, given the many violations of human rights in the past.
According to the GBA president, previous contact was made with the United Nations Special Rapporteur on Human Rights.
“When we act is what is important. Judge not by the words but by the action, and over the time our colleagues have done that. The sustained action is what is necessary… judge us by that,” Housty said.
Additionally, the lawyers pointed out that the actions of the police in the Leonora case would negate any successful prosecution.

---

---