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Chief Justice orders police to teach ranks how to deal with attorneys during investigations
Kaieteur News – As part of her ruling in which she found the police liable for the unlawful arrest of attorney Tamieka Clarke, Chief Justice (CJ) Roxane George-Wiltshire also handed down orders that the Guyana Police Force must issue to include in its training curriculum for all ranks and officers.
One of the topics to be taught is Articles 39(2) and 139 of the constitution of Guyana, the Human Rights Convention enshrined in the constitution pursuant to Article 154 A and the United Nations Publications Basic Principles on the Roles of Lawyers pursuant to Article 39.
The conventions included in Article 154 A are the Conventions On Rights Of The Child, Conventions On Elimination Of All Forms Of Discrimination Against Women, Elimination Of All Forms Of Racial Discrimination, Convention against Torture and other Inhuman and Degrading Treatment or Punishment, Covenant on Economic, Social and Cultural Rights, Covenant on Civil and Political Rights and Inter American Convention on Prevention, Punishment and Eradication of Violence against women. The Police Force was instructed to comply with the order to make the public commitment to train its officers within seven days the order was given. The order of the Chief Justice is dated 17 November, 2023.
Attorney, Tameika Clarke
The CJ had earlier ruled that the Special Organised Crime Unit (SOCU) breached the fundamental right of Clarke, who was arrested by police last year for advising her client to remain silent.
Justice George-Wiltshire delivered this ruling on June 12. In her decision, Justice George-Wiltshire declared that Attorney Clarke’s “…fundamental right to personal liberty as guaranteed and protected by Article 139 of the Constitution of Guyana was breached… [by] officers of the Special Organised Crime Unit when the applicant (Clarke) was arrested and detained… for advising [her] client to remain silent when questioned by members of the Guyana Police Force.”
The incident, which sparked widespread condemnation and even protest action by the legal fraternity, occurred on October 28, 2022, at the SOCU Headquarters on Camp Road, Georgetown.
At the time, Attorney Clarke had accompanied her client, who was under investigation by SOCU, to the agency’s office where he was asked to sign a statement. However, the client told investigators that he was advised by his lawyer not to sign anything.
This resulted in one of the SOCU ranks accusing the attorney of preventing her client from giving a statement, and ordered that she be arrested for obstructing an officer in the conduct of his duties. The lawyer had revealed that her cell phone was taken away and she was prevented from leaving.
Attorney Clarke subsequently filed a lawsuit against the State, naming the Attorney General as the respondent. She was seeking more than $300,000 in damages for, among other things, false imprisonment and violations of her constitutional rights. Pursuant to the decision of the CJ, the police were also ordered to issue an apology to Clarke and in addition to GY$700,000 in compensation.
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