It is time for the citizenry to say enough is enough in relation to torture in custody

Dear Editor,

GTUC calls on the Director of Public Prosecutions to subpoena all medical records related to Colwyn Harding’s surgery at the Georgetown Public Hospital and strongly condemns what appears to be an attempt to cover up a crime committed by members of law enforcement.

GTUC supports the calls made by others for an independent inquiry into the events leading up to Mr Harding’s hospitalisation and surgery.  The doctors’ disclosure of Mr Harding’s medical condition does not negate the alleged act of sexual torture at the hands of a law enforcement officer. We must not be distracted or deterred from an independent inquiry that entails a comprehensive medical review.

Developments in the case of Colwyn Harding are reminiscent of the case of Haitian born US immigrant Abner Louima who suffered sexual brutality committed by the New York Police in 1997.

GTUC also notes with concern the violations of privacy surrounding Mr Harding’s medical records, information which ought to be treated with confidentiality unless he permits public disclosure. Further, it is also unacceptable if the doctors did not offer Mr Harding a diagnosis as he has stated; he certainly seems not to be aware of or fully understand what was done for him medically. Mr Harding has the right as a patient to know what he is diagnosed with, the full and likely effects of his complaint, the management of same, the likely outcomes from medical/surgical intervention, his responsibility as a patient during care and after care, as well as likely future medical/surgical interventions/follow-ups. This information should be made available to him via documentation or verbally, automatically and also upon request. The revelation of a snag in the release of medical records hindering urgent action for care overseas creates concerns.

The alleged act of sexual torture meted out to Mr Harding at the hands of the police begs the question of how more barbarous can members of our Police Force be? How much lower can Guyana sink? How much lower can we as a people sink when we fail to join forces across all divides and speak as one force, united and loud in abhorrence and condemnation of such immoral behaviour.

The alleged crime of the victim pales in comparison to the act allegedly perpetrated by this member of the Police Force. It is comparable only to the alleged tacit support of his colleagues who witnessed the beating, those who choose to be blinded by what they perceive divides them from the victim, and those who laughed at his saga.  According to Amnesty International, “Torture degrades and brutalises both the victim and the torturer. It corrupts any society that allows it.” In 1975 the United Nations issued a Human Rights Declaration against torture to protect persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment. These standards set for modern society are violated in Guyana.

This alleged sexual barbarity committed against Mr Harding can be equated to the burning of the genitals of 15-year-old Twyon Thomas by police stationed at Leonora. These acts of police brutality are symptomatic of depraved mindsets and a culture of the torture of alleged criminals held in custody. The case of Colwyn Harding demonstrates that society failed following the Twyon Thomas case to ensure that our law enforcement services never fail us in such ways again. We are singularly and collectively accountable. This ugly act must never happen again and we as a community must ensure there is sufficient deterrent for such.

We have seemingly not learnt from the 1997 US case of Abner Louima that made international headlines. This ended in a settlement of US$8.75 million for the victim, a number of police reforms and the main perpetrator serving 30 years in jail. Can Mr Harding receive justice or compensation under our system? Will he be offered an apology or see efforts at police reform?

It is time for the citizens of this country to say ‘enough is enough,’ act in accordance and unity to stop the torture by some members of the Police Force. Torture is no substitute for acceptable, humane interrogation techniques and good policing. Nor is it an excuse for any frustration our many brave policemen and women face struggling with an inefficient, under-staffed, under-equipped Police Force. It is not their fault that the Guyana Police Force continues to suffer deprivation under successive PPP governments all failing to implement the Disciplined Forces  Commission recommendations; institute an independent Police Complaints Commission; finance modern ballistic and investigative training; improve staffing and conditions of work; and cultivate a high level of professionalism. These conditions have led to demoralisation among ranks, where lawlessness, inefficiencies and ineffectiveness have become the norm for many. If the moral decline we are seeing in the GPF is not stopped the Guyana Police Force can become a natural habitat to shelter or spawn depraved officers and their barbarous behaviour.

GTUC while recognizing the right of each accused to due process, holds the view that dismissing, transferring, and demoting officers to areas considered less attractive is no deterrent for those who violate laws and human rights. The perpetrators of such heinous crimes and those who cover these up must meet the full force of the law like any other law-breaker. The punishment must suit the crime and also serve as a deterrent to those with like minds and intent.

Addressing these human rights violations requires a united parliamentary opposition employing every means in conjunction with an informed and active civic society prepared to say ‘no more.’ Together we must hold this government and successive governments accountable so they create conditions conducive to the pursuit and protection of human rights and dignity. GTUC will be monitoring the response or lack of it from the Office of the President, the Guyana Police Force, the Minister of Health,  Minister Rohee and all relevant state offices and officers as it relates to justice for Colwyn Harding.

 Yours faithfully,

Lincoln Lewis

General Secretary