Dear Editor,
This past Monday I encountered first hand a problem that seems to be plaguing us. While inside my parked vehicle surrounded by about five African Guyanese male friends in South Ruimveldt three police officers in a grey pickup which bore no obvious markings, exited with assault rifles in hand and demanded that we all exit the vehicle and submit to a search. I asked why, and the senior rank responded it’s “routine” and they don’t have to give a reason. I disagreed, refused the search and made it known as loud as I could that that the only reason was that we were African young men standing in the street. I am not a criminal.
In the intervening days I have told everyone who would listen about this ordeal and was surprised to hear current and past police officers with whom I spoke say that there is no such thing as an unwarranted search. More shocking to me was to hear fellow civilians say there is no such thing as an unwarranted search. A family member who was a former member of the GDF qualified his point by saying that it is not “unwarranted” because the police could always fabricate some reason post facto. No! No! No! We have rights as citizens and the state and its agents must uphold and protect those rights. Cap 16:01, Article 18 permits a stop and search in particular circumstances such as if a person is reasonably suspected of having anything stolen or unlawfully obtained, or is suspected of having committed an indictable offence, etc.
The issue of reasonable suspicion must be noted here. But let’s forget about the law for a minute and deal only with common courtesy, human being to human being. Is it not just common sense and courteous to indicate the reason for a stop and search? Back to the law; a citizen may also refuse a search as a core constitutional right and in such circumstances this same article provides that the police may then arrest such a person for conspiracy to conceal that which the police have reasonable suspicion is unlawful. The court will then order the search and look harshly upon the citizen who refused a search which when conducted later confirms the suspicion.
This almost never happens here and it is not acceptable to say “this is Guyana.” I will write to the Commissioner of Police and Minister of Home Affairs asking that they show cause for the search. It is possible that I was right that there was no other cause except that we were African men who were standing in the street. After all it is the state which said through the Chronicle that we African Guyanese are being encouraged and supported in criminal activity by our families, communities and leaders. Surely, that is racism, but I could be wrong. It may be the issue of power. We have to address the deeper unresolved issue of power – its definition and role in the Guyana society. Throughout our political history, and particularly since self-government our leaders have failed to redesign the state as a servant of the people and not of the upper class.
Dr Ifill will tell you that the Police Force was established to maintain the plantocracy not to serve the interests of a democracy. Today we boast of our democracy which punishes the poor and working people with impunity. In this bizarre, twilightesque state of affairs even the police are victims of the state. It should be instructive to us young people following the Rodney CoI that unlike the WPA, Jagan and the PPP had no trouble with the 1980 constitution which, with amendments, the PPP has used for the longest time. It seems we will have to be the change that we seek. The power to change is with us and we must recognize and own that power. Know your rights and demand them.
Yours faithfully,
Norwell Hinds
