US human rights 2012 report highlights…Murder, abuse and rape by law enforcement officials

Apr 23, 2013 News

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Although torture and mistreatment of prisoners are prohibited by law in Guyana, there continues to be several reports alleging beating of inmates by prison officials as well as allegations of police abuse of suspects and detainees.
This is according to the United States of America Human Rights 2012 Report.

During the period under review, the Police Complaints Authority received 36 complaints of unnecessary use of violence, while several cases of random police brutality, arrest, and interrogation prior to investigation were reported.
In one case, which was reported by the media, on June 23, Audrey Cummings claimed that four armed policemen entered her home to search for guns, ammunition and narcotics.
Once they entered her home and discovered that she was locked in her bedroom, the police allegedly kicked down the bedroom door, entered, dragged her out, and began to assault her verbally and physically, resulting in Cummings breaking her left hand.
In June 2011, a court awarded one of three suspects maliciously wounded by three police officers during a 2009 murder investigation $6.5 million in damages as a result of a civil action filed in February 2010.
The suspect had his genitals burnt, a case that attracted worldwide attention following its exposure by this newspaper.
The court had earlier dismissed criminal charges against the three officers after witnesses failed to appear.
In July 2011 the Attorney General appealed the award but later withdrew the appeal and paid the amount awarded by the court.
Under the period of review there were 14 complaints of unlawful killings by law enforcement officers made to the Police Complaints Authority.
And the Linden fiasco which resulted in the death of three persons also featured in the report.
On July 18, police allegedly shot at a group of protesters on the first day of a planned five-day protest in Linden, resulting in the deaths of Allan Lewis, Ron Somerset and Shemroy Bouyea.
Several other persons were injured in the incident.
“Protest action continued in the town until the government and the opposition agreed to institute a Commission of Inquiry into the shootings and address economic concerns at the center of the protest,” the US Human Rights Report stated.
The five-man Commission, which was chaired by Jamaican Justice Lensley Wolfe concluded hearings November 2, 2012 and presented its report at the end of February this year.

While not being specific, it concluded that the police ranks were culpable in the deaths of three Lindeners.
The US report also shed some light on the September 11, 2012 execution style shooting of a 17-year-old Agricola youth by the police, which set off street demonstrations.
Three policemen have been charged with the teen’s murder but only one of them has appeared in court so far to answer the charge.
A few weeks later two policemen were charged with manslaughter stemming from the October 5 shooting death of a citizen outside the White Castle Fish Shop on Hadfield Street, Georgetown, following a police chase.
There were no developments in the May 2011 death of Angold Cox, shot and killed by a police officer after Cox was reported to the police for using threatening language towards his tenant.
However the report recalled that trials in the High Court were set for the police officer charged with the June 2010 murder of 16-year-old student Kelvin Fraser and for three Coast Guard personnel charged with the 2009 killing of businessman Dweive Kant Ramdass.
The report also highlighted allegations of sexual abuses against policemen, including the Henry Greene scandal.
It focused on the fact that while authorities failed to bring charges against Greene for the November 2011 allegation made by a mother of two who went to him for assistance in a criminal matter, Greene’s resignation was accepted.
The case had its infamy in the move by Greene to the High Court to block the institution of criminal charges against him.
Following an investigation conducted with assistance from Jamaican authorities, the Director of Public Prosecution recommended in February last year that the Commissioner be charged with rape.
However, before police could bring charges, the Acting Chief Justice granted temporary orders blocking the DPP’s recommendation and barring the police from instituting the charges.

After hearing the case on several occasions and reviewing written submissions, the Chief Justice ruled on March 29 against the DPP, finding that “her decision was unlawful and, even if not unlawful, was irrational” because the circumstantial evidence did not present a realistic prospect of a conviction.
The ruling attracted widespread criticism from civil society, including the Guyana Human Rights Association (GHRA) and another Non Government Organisation, which represents the interests of women.
The GHRA said that the ruling was “profoundly disturbing” and lamented that “an opportunity for a meaningful test of this country’s commitment to both the protection of women from sexual offences and the principle that no one is above the law, should be short-circuited by such specious reasoning.” In April 2012 Greene retired from the Guyana Police Force.
The case of the sexual assault of two female prisoners by two policemen at the Cove and John police station in November 2011 also attracted the attention of the human rights body.
The human rights report noted that authorities initially dismissed the criminal charge instituted against one of the policemen who along with his colleague was sexually involved with the two female prisoners (one a juvenile) in custody at the station.
Authorities later reinstated the charge and the case remained pending at the end of last year.

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