Govt. rejects inquiry into police torture

May 22, 2014 News

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By Gary Eleazar

Government last evening denied that there was any widespread reportage of acts of torture in Guyana by ranks of the Guyana Police Force or that there was any widespread acts of torture in Guyana and as such rejected a motion by Leader of the Political Opposition, Brigadier (rtd) David Granger, which calls on the President to establish a Commission of Inquiry into the torture of persons by ranks of the Guyana Police Force, between 2006 and 2013 and to make recommendations to prevent a recurrence.

The motion was approved nonetheless given the voting strength of the political opposition in the House.
The debate which ran for several hours in the House saw presentations by Granger, former Commissioner of Police turned Parliamentarian, Winston Felix, James Bond, Home Affairs Minister, Clement Rohee, Attorney General, Anil Nandlall, Presidential Advisor, Gail Teixeira and Vice Chairman of the Alliance for Change (AFC) Moses Nagamootoo.
Granger in calling for a vote on the motion, said that he hopes that the resolution is one that will actually be put into effect.
Eradicating Torture
He said that it was meant primarily to deal with the eradication of torture and identifying why torture has persisted over the years and asked why in 2014 there is still a need to be talking about it.
Granger welcomed the condemnation by Teixeira in her presentation to the House and asked that she advocate for the President, Donald Ramotar, to set up the Commission.
Names such as Alex Griffith, Colwyn Harding, Twyon Thomas, David Leander, Shaka Chase, Patrick Sumner, Victor Jones and a host of others who made blaring headlines alleging torture at the hands of the police, punctuated the opposition presentations.
Granger in presenting his motion for a debate yesterday in the National Assembly, pointed out that in a matter of days the nation will be celebrating its 48th Independence and questioned how far the nation has grown in relation to its police force.
Granger, an ardent historian, reminded the House that the pre independence era was marred by police excesses under the colonial ranks.
The colonial police force, he said, was used to repress the masses.
With the attainment of independence, Granger posited that the nation looked forward to a time when police would protect and serve.
“The independence we are about to celebrate ought to have been the start of an era of better relation between Government and the people, most of all we look forward to greater protection by the police but 48 years later we are at a time when CID interview room seem to be equipped with mentholated Spirits and matches and with condom covered batons…what is at stake is what kind of country we want…what is at stake is the future of our sons and daughters,” said Granger.
15 Years 15 Reports
The soldier turned politician said that over the past 15 years there were 15 various reports and proposals for the reform of the Police Force such as Symonds Report, the Nation Border Security Committee, the National Steering Committee on Crime, the National Security Strategy, and a host of others.
“Was the PPP (People’s Progressive Party) administration sincere or just fooling the nation…was it a hoax, was it a charade,” questioned Granger.
According to Granger, 26 years ago Guyana ratified the UN convention against torture. As such “we are obliged to take effective measures to prevent acts of torture.”
Granger lamented the words of former President, Bharrat Jagdeo, who in addressing the issue of torture had said that “the situation warranted a certain response from the security force in confronting criminals.”
According to Granger the “UN is ambiguous; regardless of the situation torture is a crime against humanity.”
Torture Condemned
Teixeira who was the first government speaker, agreed that torture is reprehensible and must be condemned by all.
She did however question why the Opposition leader would want to limit the inquiry to between 2006 and 2013.
Teixeira questioned, too, why the Opposition would want to limit the inquiry to the police force.
The former Minister of Home Affairs, pointed to instances where following the 2001 election, polling agents were beaten and some even dragged off to Congress Place with sacks over their heads and beaten.

She pointed too to the actions of the House of Israel, and the police driven by state to do reprehensible things between 1968 and 1992.
The PPP stalwart said that while Guyana ratified the UN Convention in 1988 it was not until after 1992 that the country began making reports.
Teixeira pointed to the fact that in 1985 when the Police Complaints Authority was established it had the highest numbers of complaints of police brutality ever.
She was adamant that there are remedies domestically which must be utilized domestically by persons who feels they have been abused and pointed to the Police Complaints Authority, the Office of Professional Responsibility and the High Court.

Not go to the Media
According to Teixeira “we have to teach our people to use these and not go to the media where people feel that they were tortured.”
She said that the reports of torture are isolated and as such questioned the need for a Commission of Inquiry.
Teixeira was adamant that there is no policy of allowing for the use of torture adding that, “comments by a few individual does not give proof that it is a direction of the state…have the persons reporting torture used the domestic remedies.”
“We have to stick to the constitution, anybody must have the strength and support by all the political parties to go before the court and whoever is found to be guilty feel the full brunt of law,” said Teixeira as she advocated for a strengthening of the Office of Professional Responsibility, the Police Complaints Authorities among others.
Calling the use of torture penny wise and pound foolish since the statements extracted as a result would be thrown out of court; Felix supported the call for the Commission of Inquiry.
According to the former Commissioner of Police, the motion seeks to direct the attention of the servants of the State to their legal obligations under customary international law and domestic legislation “so that the protection of the rights of all persons, nationals and non nationals can be respected and observed.”
Felix in his presentation was adamant that “we need a professional police Force but we must point them to their shortcomings and take pertinent steps to rehabilitate them, but it takes a Government that is willing to abide by issues and requirements of good governance, to manage the redirection of the State agencies which are under scrutiny.”

Frivolous and Vexatious
Attorney General Anil Nandlall called the motion frivolous and vexatious.
He pointed to the fact that there was no proper documentation making a case for the widespread reports of torture and queried on what basis did the opposition leader want the President to invoke the law to establish an Inquiry.
He too queried why the opposition would want to limit the inquiry to the police force and only between 2006 and 2013. “Why we can’t discuss the dozens killed during the crime spree? Were they not tortured? Is it an attempt for political mileage or an attack of the police force?
“Why not a comprehensive motion to deal with it from the time of independence to now?”
The Attorney General denied that there are not processes in place to deal with instances of excesses and pointed to the fact that compensation was paid to Twyon Thomas, the teen who had his genitals burnt while in custody but Felix shouted that the case against the police ranks had been dropped.
Nandlall pointed out too that Colwyn Harding, the young man who alleged sodomy by a police rank using a baton, currently has two cases pending in the High Court.
He added that for the first time in history there is a special court for constitutional violations, human rights one such being enshrined in the constitution.
Nandlall was adamant that the current administration’s record on the protection of human rights is unquestionable.

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