Nandlall: `It is a desperate measure and in the eyes of the government crime in Guyana has reached
desperate proportions’
The government’s controversial wiretapping bill had a bumpy passage in the National Assembly on Friday, where great doubt, scepticism and fear dominated the scrutiny of its sweeping provisions.
Both the PNCR-1G and the AFC refused to support the bill during the sitting, citing its potential for abuse as well as the infraction of civilian rights as some of their concerns.
Anil Nandlall
Once assented to by the President, the law legalises the monitoring and recording of transmissions conveyed by fibre optic cable or any other form of wire line, by wireless telegraphy, voice over Internet protocol, internet satellite and all other forms of electromagnetic or electrochemical communication. Telecommunication service providers will be duty bound to provide assistance on interception warrants. The authorised officers – the Chief of Staff of the army, the Com-missioner of Police, and the Commissioner-General of the Guyana Revenue Authority -will be able to apply to a judge for a 90-day warrant to intercept communication, which will be illegal otherwise. Anyone found guilty of illegal wiretapping would be liable to a fine of $5M and a jail term not exceeding three years. A judge, before granting the warrant, must be satisfied that the information obtained would likely assist investigations. There is also a proviso vesting authority in the designated minister in the case of national emergency. Addi-tionally, personnel acting in good faith under the ambit of law would be immune from liability for their actions.
PPP/C MP Anil Nandlall acknowledges the controversy over the law, suggesting that by the nature of the proposals it was inevitable. Nandlall, an attorney, however, rationalises the move to introduce the law as a measure to address the very serious crime situation in the country. He cites the crime wave that was sparked by the 2002 jail-break and the bloody massacres that have occurred recently. He emphasises the need for improved intelligence gathering capability of the security forces, particularly since criminals have access to advanced technology.
Nandlall dismissed the opposition concerns over the possible abuse of the law to victimise opposition parties and other vocal critics of the government, citing the safeguards in place as well. But he also reminds that members of the opposition were not immune from the application of the law, if they are involved in illegal activity.
Nandlall, addressing the assertion that the law would infringe the citizens’ right to privacy, points out that there is no fundamental guarantee to privacy in the laws. The irony, he adds, is that the wiretapping law would create the protection that was not in place when the former Commissioner of Police Winston Felix’s phone was tapped. He says as a lawyer he has serious concerns about the nature of the law, but says it is necessary in the fight against crime. “It is a desperate measure and in the eyes of the government crime in Guyana has reached desperate proportions,” he said.
But AFC MP Khemraj Ramjattan has urged the government to act with caution before application of the law, particularly in light of the sweeping terms of the legislation. He adds that the government’s recent legislative agenda has reflected an intention to whittle away civil liberties and he sees the new law as simply another way of accelerating this trend. And although serious crime deserves serious measures, consultation becomes essential to help the citizenry understand how it will be affected.
Basil Williams
Ramjattan likens the law to the National Security Act that was enacted during the PNC’s time in office. He accuses the PPP/C of deviating from the late President Cheddi Jagan’s stand on those laws. He says some of the things the party was against during its time in opposition, it has been implementing with ecstasy. At the same time, he criticises the absence of any provisions for oversight by any agency, including the parliament. In other countries where such laws are used there are usually oversight components. Ramjattan also says it is vital for the government to address the root causes of crime, pointing out that poverty creates criminals.
PNCR MP Basil Williams, however, says the government is up to no good with the law. Although he believes it represents a serious violation of the privacy of citizens, he acknowledges there is no law. According to him, privacy was once enshrined in the law, but was left out when the fundamental rights, as agreed during the constitutional reform process, were set out in the constitution in 2003.
Nevertheless, he believes the powers vested in the security minister under the law created an opportunity for abuse under the guise of national security. He was referring to Section 3. 2 (b) of the law, which provides for the minister administering the act to approve a wiretap if a warrant is impractical because of the urgency of the case.
Williams also contends that the law would unfairly impinge on the operations of GT&T and Digicel, and he laments the absence of mechanisms for compensation for the companies and to ensure that they can challenge the scope of warrants. In the US, for example, there are special courts set up for this.
The stricker the government the wiser the popluation. GT&T will lose out on its cellular customers when this “evesdropping” starts. People will start to meet each other if they wanna conversate in private.
so true sandhurst, the only people who would get tapping are the innocent one who will have their private conversation listened to.
…………… there is no fundamental guarantee to privacy in the laws……… I guess this gives the powers that be the right tp do whatever they please. The sad part of all this is that there will be no warrants, provisos or otherwise when “embattled businessmen” make contact with individuals such as the security ministe to get permission or to advise him of “hits” as in the case of our High Commissioner to India. Who will grant warrants for knows “Liberty” House supporters involved in illegal activities? FYI cocaine trafficking, a business monopolised by ’supporters’, brings about lots of gun & other crimes.
I see guyana want to be like uncle sam by adopting the wiretapping law, even if it;s draconian and infringing on the rights of it’s citizens. They are other ways to gain safety and security. when the mass cries out for safety and security they get their rights taken away piece by piece not even knowing it until it’s too late. Sooner or later we will all find ourselves in concerntration camps wondering how we get there.
Fineman was wanted for 5 years and the police could not find him. Skinny was let go from the Sparendaam lock-ups, and the next day Skinny was in company of Fineman. What do you people gather from this? I think that some crimes in Guyana, such as the Fineman-Skinny crimes were directed by someone, someone who knew how to contact Fineman, and how to put Skinny with him. This Law is needed in Guyana to protect Lusignan-like killings.
Leo Rojo
You got it right!! Sr Leo Rojo:
Those MOANERS/LAMENTERS/ are the ones that cries about the Governments incapability of Unsolved murders, Assasination plot, Drug related murders AND THE LIKES.
Are now fearful of the same laws that will help stamp out those types of Evil.
Do nothing fear nothing!!
Ok for a while there I thought I was the only one seeing this bill as a way forward to intercepting illegal activities. The GPF has very little to go on when it comes to technology. Other countries have CODIS and IFIS for finger print and DNA. All Guyana has is tons of paper work that’s time consuming. A lot of crimes go unsolved because of the very limited resources they have. Bills such as this is needed and only people who have illegal secrets or are involved in illegal activities will oppose it.
QUOTE: Nandlall, addressing the assertion that the law would infringe the citizens’ right to privacy…adds…that the wiretapping law would create the protection that was not in place when the former Commissioner of Police Winston Felix’s phone was tapped.
OBSERVATION: Proponents of the eavesdropping law need to stop citing the eavesdropping of the former top cop as a case in point why the law is needed, because the person/s involved in bugging the former top cop’s phone worked in tandem with government officials. Unless proponents are saying that had the law been in effect that government still would have approved of what these shady characters did. And this is scary if shady characters are allowed to do this kind of stuff on behalf of government. Can you imagine government ordering a probe of the former top cop based on recordings of his conversations obtained through illegal eavesdropping rather than going after the people involved? This is the same government that wants to use eavesdropping as a crime fighting measure? Heaven help political opponents! To this day government has not taken any punitive measures against the persons involved in this shameless breach of national security!
QUOTE: He says as a lawyer he has serious concerns about the nature of the law, but says it is necessary in the fight against crime. “It is a desperate measure and in the eyes of the government crime in Guyana has reached desperate proportions,” he said.
OBSERVATION: The fight against crime is a fight that should be against all sorts of crimes, from gun-toting to bribery and money laundering and drug smuggling! But then again, government also passed a plea deal law and this could be used to allow state prosecutors to grant plea deals to criminals caught in bribes, drug dealings and money launderings. The state, here, will usurp the role the justice system.
cry–bawl–holler–scream all you want….if you have nothing to hide then you need not worry about —wiretapping….security knows exactly who they are after…..
When you call your sweetheart in GT for your erotic talk & it’s made public by a low-life, underpaid, motor mouth individual in a uniform I hope it makes you happy. Especially when the real “runnings” will go unchecked. It’s like the cocaine at Timehri, small punks & mules with little or no contacts get caught while the REAL “businessmen” have their way streamlined & untouched.
Good luck.
evilyeyes i total agree with you on this ,do nothing fear nothing.some people looks guilty before being caught.
“members of the opposition were not immune from the application of the law, if they are involved in illegal activity.” ……….Nandlall need to assure the public that supporters of the Administration were themselves not immune this law either.
“in the eyes of the government crime in Guyana has reached desperate proportions” – Exactly what crimes are he referring to? It’s anyone’s guess whether wiretapping would have prevented the Lusignan, Bartica and Lindo Creek murders, so subjecting an entire nation to this kind of intrusion because of the likes of Skinny / fineman does not cut it with me.
As far as I see it, there are two groups of criminals in Guyana. On the one hand are those committing petty crimes, who pick pockets, snatch chains, break and enter homes etc. and on the other hand we have a very sophisticated and organised criminal ring, consisting of “embattles businessmen” corrupt politicians, drug king Pins, police officers etc.
Now, even an idiot knows that wiretapping cannot intercept those criminals in group one, and we also know, or suspect, that the “powers that be” are in bed with those in group two, so then, would Mr Nandlall kindly explain how this thing really works?
I am willing to bet that if or when the PPP leaves office, they will be among the first to appeal this “law” as it would no longer be in their interest – - – “some of the things the party was against during its time in opposition, it has been implementing with ecstasy.”
If Govt. is serious about fighting crime then hare is a few ideas,……… find ways to raise the morale of the GPF, give them proper equipment, invest in a forensic facility, raise the academic level of new recruits, just to mention a few.
This Bill does not target the every day criminals, “stricker the government wiser the population” this bill targets the opposition party, that is the government’s way of watching them, and tapping in on every day conversation. This Government is ruling under fear and with an iron fist, but when you are pointing one finger at others three fingers are pointing back at you. I wish them luck
Does anyone know who’ll permit the warrants to wiretap the usual suspects in the gun & drug businesses, our “embattled businessmen??? Who will determine the use of the provisos for such known characters???
WHAT’S UP WITH PRIVACY. NO MORE OF THAT I GUESS. SORRY FOR SOME OF US WHO LIKES TO SAY STUFF TO THE OTHER HALF ON THE PHONE , NO MORE OF THAT , THIS IS TERRIBLE. BUT…………………………………………………………….
Kindly explain it to evileyes & let her know that the word erotic is not profanity