Why do some magistrates think they own the courthouses?

Mar 05, 2017 Letters

Dear Editor,
I write in response to Magistrate Dylon Bess’s recent assault on the human rights of transgender Guyanese when he prevented them from entering “his” courtroom at the Georgetown Magistrate’s Court on March 2nd, 2017 and dismissed a physical assault case in which a transgender individual was victimized. This is not the first time Mr. Bess has demonstrated his hostility towards members of the transgender community. He previously instructed police at the gate of the Magistrate Court to deny entry to transgender Guyanese, even though they were compliant with the (female) dress code – wearing sober colored, non-revealing clothing. Clearly, Mr. Bess has a personal prejudice against transgender Guyanese which is retarding his ability to afford them equal treatment and access to justice.
Mr. Bess’s treatment of transgender Guyanese also seems to beg the question to whom do the courthouses of Guyana belong. Are they the personal property of individual Magistrates who are free to impose their private moral codes, no matter how discriminatory, or are they public institutions mandated to provide justice to all citizens, regardless of gender identity or sexual orientation?
While much of the rest of the world has evolved a more accurate and nuanced understanding of the complex reality of gender (and sexual orientation), many in Guyana, like Mr. Bess, apparently still lack adequate comprehension and cling to outmoded, falsely simplistic, and oppressive binaries. However, the fact is that transgender individuals have the exact same human rights as all other people and deserve equal respect, treatment, and protection under the law. Also, Guyana is a secular state, not a religious theocracy and magistrates are public servants who do not own the courtrooms in which they practice.
To deny transgender persons entry into public facilities, especially places like courthouses, is a perversion of all that is just and it is a sad day when magistrates become human rights violators, instead of defenders. I call on the Guyana Bar Association to sanction Magistrate Dylon Bess immediately, and prevent him from committing any future assaults on the human rights of transgender Guyanese.
Sherlina Nageer

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