-but final decision rests with Home Affairs Minister
By Iana Seales
Government yesterday passed an amendment to the Fugitive Offenders Act 1988 to correct a lacuna in the local extradition laws and it has controversially included a provision which empowers the Home Affairs Minister to decide whether to extradite or not.
The debate on the amendment was confined to the government benches and the Alliance For Change (AFC) following a boycott of yesterday’s sitting by the PNCR. AFC member Khemraj Ramjattan fiercely criticized the new modifications calling government’s action an erroneous procedure to correct a treaty which “simply required a section being removed”.
Charles Ramson
Khemraj Ramjattan
bill, Fugitive Offenders (Amendment) Bill 2009, seeks to address a conflict that arose within the law regarding individuals here being extradited, an issue which came into sharp focus back in 2008 when the United States was seeking Guyanese Barry Dataram for cocaine smuggling offences. The US was unable to secure Dataram’s provisional arrest because the extradition treaty between Guyana and the US contains a proviso which allows the US to extradite to third countries, clashing with the provisions of the Fugitive Offenders Act, which says “no one shall be extradited or kept in custody for the purpose of extradition from Guyana to another country unless provision has been made by that Commonwealth or treaty- country for ensuring that they would not be extradited to a third country for trial of any offence without the consent of the minister.” As a result, extraditions to the US have been on hold awaiting a new agreement or an amendment of the law.
The recent attempts to extradite Dataram, for whom an extradition request was made by the US, were stalled by a court ruling which exposed the lacuna in the law. But this is no longer the case, Attorney General Charles Ramson said yesterday, as he moved the bill in the House. He said the amendments represent a suitable formula which was worked out following extensive internal consultations as the administration considered it critical to have some residual discretion lie within the power of the subject minister. “….this government is not trying to give some reason for a man like Dataram to have escaped,” he added while insisting that the amendments have modernized the law.
Ramson referred to two specific court judgments on the issue, one last year by the Full Court and the other back in 1992 by the Appeal Court, saying that the Full Court’s ruling startled the judicial community since there was no precedent for Dataram’s application to be dealt with in accordance with the rules of the High Court. The objective of the amendment is to prevent the continued rush to litigation, Ramson said, noting that the changes are meant to clarify the law on extradition.
“Here we are nearly one year after when Dataram has already flown the coop, as I am advised, and who would blame him? Had we been in the same position we might have flown the coop too,” Ramson said yesterday. He argued that people are being tried in the press even before they are tried in court and referred to Roger Khan saying the confessed drug trafficker must be glad his ordeal is over, claiming, “He has got his 15 years and the media has dropped him like a hot potato.
“They even spent money running from Guyana to the United States, bitter cold you see them shivering and asking questions,” he continued as he spoke about the local media who had attended the sentencing of Khan in New York. To this, someone shouted, “Relevance!”
Ramjattan criticized the bill saying the truth behind its move to the National Assembly was being concealed by the administration, a suggestion which was angrily rejected by the AG and his colleagues on the government benches and resulted in a furore which was subsequently quelled when Ramjattan withdrew the comment.
Speaker of the House, Ralph Ramkaran upbraided the AFC Chairman over the remark saying it was tantamount to him stating that the Attorney General stood up and lied in the House.
“…there are a lot of withdrawals which I will have to make today,” Ramjattan said as he continued his debate on the issue. The response to this statement by a heckler on the government benches was, “Better you withdraw ya self”. Ramjattan’s criticisms shifted to focus on the provision which allows for ministerial discretion and he roundly condemned it. He said the Minister of Home Affairs should not be allowed to “cherry-pick” on an important issue such as extradition and he contended that it is not likely any high ranking government official if ever accused would be extradited should a request is made.
The AFC Chairman sought to explain that his objections to the bill do not “in any way support the Barry Datarams of this world”. He said the alleged drug trafficker who was released following court rulings should have been extradited a long time ago, adding that the administration didn’t need to wait until some amendment was made.
Ramjattan created another ruckus in the house when he lambasted the AG for attacking the decision of the courts on the issue, particularly the decision of Chief Justice (ag) Ian Chang who sat in the Full Court. Ramson had stated in his presentation that the Full Court was the source of the kind of problems faced by the administration on extradition. He noted that there were no appeal review procedures available against the ruling in the Dataram case from the Full Court to the Court of Appeal.
Ramson, agitated and on his feet, called on the Speaker to offer him protection from the attacks saying if this was not afforded he would be take on Ramjattan. He then said that the AFC Chairman was not worthy of his attention and referred to Ramjattan as a “little boy who should show me respect”.
The explanatory memorandum of the bill passed points to it enabling government to extradite fugitive offenders in the interest of justice. Persons being extradited are not allowed to complain as stated in the new law, but their fate also falls within the discretion of the Home Affairs Minister.
Following the decision of the Guyana court in the Dataram case in December 2008, the government said that the extradition laws required modernization.
What nonsense is this once the court finds a person extraditable the minister has to automatically sign the papers that should be the law and the person is removed. But this is Guyana anything goes round and round we go.
Bravo to the PPP, Guyana’s permanently elected democracy. Another sham was pulled right under the noses of the Guyanese people.
I particularly like the caveat “but final decision rests with Home the Affairs Minister” in the brokerage of this deal. I am always amazed at how the PPP mastered the art of doing something that still produces nothing.
Very nice.The objective for law and order. Extradite anyone who is extraditable.
The Minister indeed. It is known… and BELIEVED by the PPP and ALL who support party paramountcy as the judiciary MUST be subservient to the Executive!!
More Smokey mirrors…….
Good now let America come and carry away all them cocaine selling “business men” and those who think they are at the top of the social and financial ladder due to their ill earned wealth by helping to kill off the human race through selling cocaine….Take them all and let them spend some time in an American jail because they are being protected by the authorities here.
S.H.F. instead of the current one third I pay in tax from my earnings now I have to pay half to shelter these people.
SFH – I hate to say this, but this is a brilliant “tactical” and “strategic” move by the GY government to shield itself and protect those who may be implicated, down the road, due to RK plea bargain.
yawll dont go do wrong tings now because of dis to get in de US yea…nuff nuff ah yawll tink life is beter in US jail and free in Guyana….
SHF, looks like you missed something here! The US cannot take ANYBODY without the MINISTER saying so although the courts say US can take them. The MINISTER has the FINAL SAY!!
The loophole concerning extradition to the U.S.A. should and could have been handled with more dispatch. This amendment to the bill is nothing more than an excuse for foot dragging with respect to extraditions in general and Roger Khan’s in particular. Here, we have the government’s main reason for the cuddling of this drug accused and its inaction on earlier requests for his extradition. The U.S.A. would not guarantee his removal to a third country. Maybe the Captain was still needed to command his executioners in the fight to keep Guyana safe. When will this government invest their hero with the appropriate award for his contributions in the fight for justice?
Only in guyana where you have the attorney general calling another MP who challenges him ” a little boy who should respect me” any way i’m glad this bill is passed now we can see many people being extradited to the u.s and this includes many in the ppp govt and opposition, even the police commissioner can be extradited if the u.s feels that they need him on certain offences.
Certain persons will not be deported,coz Clement Rohee has the final say, an yuh dun know how things goh in Guyana.
Like you and SF did not see the part where the Minister of Home Affairs has the final say? Which government official he signing off on to be sent here in the US to be tried?
Rohee is not gonna be a minister for life at some point a new govt will be in office.
Amen-ra, have you read or see the big ‘BUT’?
But final decision rests with Home Affairs Minister.
What the US government should do is to grant all the drug lords a visa and arrest them at the port of entry. Period.
The cabal has to protect itself and those who conspire with it in criminal and unlawful conduct.The Home Affairs Minister is now the supremo if there is a request for extradition. Roger Khan’s plea bargain and 15years sentence may be an opening for the questionning of some of the big fishes and Mr Rohee could very well be their lifeline!
Mr.Ramjattan KEEP THE PRESSURE ON!!! There has been too much of STALLING/DRAGGING OF FEET/LOOKING IN TO/WOULD-BE INVESTIGATIONS. If the AG does not know how the law operates then the “little boy”would have to RAM toe law books into his face (with all due respect)The jagdeo govt. must not be allowed to BULLY the citizens of Guyana any longer.
brazil, does not extradite it’s citizens, US Does not, why should we.
however we now have a path way to brazil to avoid extradition.
hahaaaaaaa
Would you cite the same references if the World Court wanted to try Forbes Burnham for some offence by way of extradition? If your true answer is yes, you are honourable. If no, after your characterisation of “Khan” as an hero, you are a hypocrite as I have long believed.
SHEER CORRUPTION YOU DOES TALK FREE SHEET….SHEER CORRUPTION!!!!
hehee…where there’s a will, there’s a way.
Well, lets get the ball rolling.
Lets get which ball rolling? After reading the first paragraph, I already analyse the stupidity in their amendment as follow: “Offenders Act 1988 to correct a lacuna in the local extradition laws and it has controversially included a provision which empowers the Home Affairs Minister to decide whether to extradite or not.”
This is just another cowboy piece of amendment, it’s laughable because is only the small fish will be extradite if u know what I mean. In fact, there is no one in the PPP gov’t ever acted INDEPENDENTLY on any matters. In addition, they (Gov’t)know as well as I know that there are a couple of big catches among their officials; so for that reason, this is why they stipulated the amendment like that. I am certainly for sure not a FOOL.
This will serve like the licensing publicity stun. Stabroek news y’all getting just like them. Let people’s comments be publish as long we don’t use profanity let us vent our feelings about what’s going on in Guyana and stop tring to tell us what to write on this blog. Remember this is what y’all actually fighting for, FREEDOM OF SPEECH but u guys ain’t giving the public that kind of freedom. Is pure cut cut chop chop, like is pork fried rice y’all making or what?
eh eh Rose mmmm mmmmmm long time….ya see wha hapen to raja?
ehehehehehehehehehehehehe….
dont kerry food fuh e yea….
When you jokers let Dataram out on bail you darn well know he was going to run like hell. The press did not drop Roger like hot potato, The PPP Gov did. To you Mr Ramson are you the Attorney General or one of Jagdeo /PPP yes men ?
What a #%&@* joke, allowing the minister of home affairs to “cherry pick” who will be extradited. Give me a break! I guess, none of the fraudulent and corrupt PEE-PEE-PEE cohorts will ever be extradited
Extradition is not for corruption and fraud, Decorder,,,make some sense…The Government of the day must have a level of control of any legislation that is passed,,,this is what you call good governance…
on the contrary soldier, the law of the land rules, the govt must respect the law of the land not the other way round, to suit their own needs, i wonder why you immigrated to the us, where the law of the land rules.
Burnham Oppression Tiger,,, now you tell us why you run…
As for the laws of the land that is the new law made there now,,,they did not break it in this instance…
Extradition is for any crime committed SOLDIER. This is a clear case of protection of the flock and interfarence with the system of justice.
“cherry pick?”he gun pick cherry and end up eatin “WE-WE-WERRY PEPPA” JUST U WAIT AN SEE….UNCLE SAM ARM LANG to grabble criminals…an HE FOOT MUSSIE BIG fu press dem down.GOD DOES NOT COME, HE SENDS (U.S.A) to be of rescue to Dear Land of Guyana….Keep on praying my fellow Guyanese the good Lord acts in mysterious ways, he is not a sleeping God.Those who exhault themselves will be humble….When God humbles one….IS BE-KAZ HE GUN EAT HUMBLE PIE….THE BREAD THAT THE DEVIL KNEEDS