EU urges Guyana to abolish death penalty

Jul 21, 2016 News

…it has no place in modern society – former Belgian Judge

Dr. Ivan Simonovic, United Nations Assistant Secretary General on Human Rights; Justice Navi Pillay, Former United Nations Commissioner on Human Rights; Professor Marc Bossuyt, Emeritus Judge Constitutional Court of Belguim and Derek Lambe, Head of Mission of European Union Delegation in Guyana

An international body against the death penalty is calling on Guyana to remove the inhumane act from its statutes. The team is currently in Guyana engaging in talks with several Government Ministers and members of the Judiciary on capital punishment. They say that many countries have stopped.

Members of the Judiciary were yesterday engaged in a Judicial Colloquium on the abolition of the death penalty. It included discussions on the role of the judicial system and the United Nations in the abolition of the death penalty; the experiences of other countries in abolishing the death penalty among other topics.

The event was held at the Marriott Hotel, Georgetown and featured South African Judge, Justice Navi Pillay, Former United Nations High Commissioner on Human Rights; Marc Bossuyt, Emeritus Judge Constitutional Court of Belguim; Ivan Simonovic, United Nations Assistant Secretary General on Human Right and Derek Lambe, Deputy Head of Mission of the European Union (EU) Delegation in Guyana.

At a press conference held before the colloquium Mr. Lambe noted that Guyana is the only South American country with the death penalty on its statutes.

Dr. Bossuyt believes that the more people are educated on the death penalty there is a likelihood they will want to move away from it, since this has been the experience in other countries.

The visiting United Nations advocates said that they are hoping that the Government will review its Terrorism Act which has provisions for the death penalty.

Speaking on this issue, Dr. Bossuyt said that Guyana is not alone when facing the challenge of terrorism. “We have the temptation in many states to reintroduce the death penalty because of terrorists, threats…”

However, he pointed out that based on findings from a group on protecting human rights while countering terrorism, there is no conclusive evidence that the death penalty deters any crime, including terrorism.

Justice Pillay stated that the United Nations has very specific requirements for counter terrorism measures that must comply with international humanitarian laws.

According to the female Judge, Guyana should be proud that it has not executed anyone for the past 20 years.

“There has been a moratorium… we call that de facto moratorium. Internationally and in the United Nations almost 160 countries have signed up to either place a moratorium or abolish (more abolition than moratorium).” She said that they are calling on Guyana to legally abolish the death penalty.

When asked to comment on the views they are getting from other Caribbean states in relation to the abolition of the death penalty, the body agreed that the trend of moving away from the death penalty has been slightly slower.

Justice Pillay added that it is unfortunate that Guyana’s Laws have a provision where the death sentence is mandatory in certain cases.

“The unfortunate part is that you have a provision in your law where the government has told the Judiciary that the death sentence is mandatory in certain cases. Now all over the world where they have tried that, the Judges resented that because it tied their hands up.

“Judges must have the discretion to look at all the circumstances and pass an appropriate sentence. They shouldn’t be obliged to pass the death sentence…”

They are hoping that Judges in Guyana recognize that the death penalty is a violation of the International Covenant on Civil and Political Right (ICCPR) and human rights.

During the press briefing it was pointed that the President, in a statement, promised to never execute anyone. This statement, Justice Pillay added, has to be translated into law.

Just recently, a High Court judge sentenced a man to death after he was found guilty for the murder of two brothers at Victoria, East Coast Demerara.

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