Recommendations for transforming Guyana’s criminal justice system

Nov 05, 2023 Letters

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Dear Editor,

Guyana’s rapid development undertakings and its increasing integration as a formidable economic partner within the global marketplace undoubtedly helped in attracting renewed, and sometimes envious focus on this former British colony’s transformation.

Prior to the discovery of oil, developed nations either dismissed Guyana as a Failed State, or ignored it as an impoverished micro-nation-state of minimal significance. But, with oil reserves estimated to rival that of several of the giant oil producing countries, Guyana suddenly emerged to capture the attention of several developed nation-states around the world, many jockeying to establish relationships with this once economically forsaken British colony.

But, for most Guyanese, whether residing at home or abroad, their beloved Guyana was never viewed as a failed state, or insignificant micro-nation. To them, their Guyanese grounding prepared them for success at home, and elsewhere. So, it is not surprising that many today actively participate in discussions and debates on Guyana’s future, while earnestly offering suggestions and expressing their views on the country’s development and policy initiatives. An example of such involvement is the International Center for Democracy (ICD), a Chat Platform utilized daily by Guyanese at home and abroad to share views/concerns on Guyana’s affairs.

Within the last year, among the numerous issues discussed by ICD participants is Guyana’s crime rate, and its effects on the country’s stability and development. On the Chat platform, crime emerged as a problematic, and sometimes contemptuous concern. The divergent and sometimes divisive commentaries on the Chat led Dr. Tara Singh to orchestrate further discussions on Crime and Public Safety in Guyana on the Guyana Dialogue, a social media platform. Dr. Singh emphasized that his effort should not be construed as instructing Guyanese policy makers on what they should do, but to offer suggestions on crime reduction/resolution within the country.

Given ongoing concerns about incidences of crime within Guyana, it could be beneficial for the Government to consider decolonizing the criminal justice system, restructuring it in accordance with the constitutional mandates of the country. Emphatically stated, the process of decolonization would take time and require in-depth analyses beyond the few suggestions presented in this article.

As many ICD participants noted, the institutional structures and relations colonizers imposed on Guyana have remained intact or partially transformed, and this includes the criminal justice system – a system structured and operated in accordance with authoritarian principles.

Indeed, it would be foolhardy to claim expertise on how to restructure, or reform, Guyana’s criminal justice system without valid analytical evidence. Hence, the following are just suggestions gleaned from the voluntary commentaries of Guyanese residing within and outside of Guyana, ideas that the Government could take into consideration in transforming the criminal justice system. These – presented below – along with my personal input, can be utilized to inform the decolonization and transformation of the judicial-criminal justice structure and relations Guyana inherited from colonizers.

(i) Reorganize the Appeals/Supreme court to include a group of at least five judges capable of reviewing and adjudicating over constitutional, criminal, and civil matters pertaining to the country – in addition, each judge assuming appellate review responsibilities over two of the ten regions.

(ii) Establish within the judicial structure, courts with specialized legal competencies in the areas of constitutional, criminal (all types, including corporate, cyber, and vehicular homicide), civil, and juvenile justice. These should be operational within each of the ten regions of the country, with qualified judges presiding in more than one region wherever such is warranted and feasible.

(iii) Structure and incorporate at least three appellate courts within the ten regions to accommodate timely case reviews and appeals.

(iv) Restructure the district magistrate system established by colonials, redesignating such to adjudicate primarily over civil matters, while employing qualified judges to adjudicate over criminal (violent, hate, financial, etc.), constitutional, and cyber security matters.

(v) Incorporate under the district magistracy a system of restorative-community justice, along with diversion programs for juveniles.

(vi) Employ and train a cadre of competent regional prosecutors – preferably attorneys – instead on relying on police officers poorly trained for such tasks.

(viii) Modernize by decolonizing the Police Force through specialized training for community police, specialized criminal investigators, traffic police etc. Establish specialized academies for continuing education and training.

It is pertinent to emphasize that the above does not constitute an exhaustive list of what needs to be done to transform the criminal justice system but meant to provide some considerations for decolonizing the authoritarian structural arrangements Britain imposed upon Guyana, – replacing it with one that is efficient and effective in serving Guyanese. It is also worthy to emphasize that no single judge, or magistrate, is qualified to adjudicate in all matters and areas of criminality, constitutional, civil or juvenile justice as practiced under the colonial system of governance.  By restructuring the Criminal Justice system in accordance with the constitution, judicial competencies and specializations, along with conceptualizations of Guyana as an independent nation state, Guyanese would be better served legally in a timely and impartial manner. Indeed, transformation takes time, and requires further analyses and considerations.

For too long, clogged courts, delayed justice, improper/failed prosecutions, questionable legal/judicial decisions have contributed to the disenfranchisement of many Guyanese, and eroded trust in the judicial system. Hence, it would be prudent for the Guyanese Government to decolonize the system, transforming it in accordance with the constitutional mandates and developmental principles of an independent Guyana.

Regards,

Narayan Persaud, PhD.

Professor Emeritus

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• British, Criminal, justice, Professor Emeritus, transforming

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