Guyana grilled on police abuse

Several countries expressed concern about human rights violations by local police and the failure to hold perpetrators to account and called on government to take action as Guyana’s human rights record was reviewed yesterday by the United Nations Human Rights Council in Geneva.

“We remain deeply concerned by continued and widespread reports of excessive violence by police officers. Instances of police brutality, especially against those held in custody, and the slow pace of investigations and judicial proceedings foster a perception of impunity and a lack of accountability,” US representative Divya Khosia said at the Universal Periodic Review (UPR) Working Group meeting in Switzerland. The recording of the session posted online said that she recommended that Guyana increase the capacity of the Police Complaints Authority (PCA) to undertake prompt and impartial investigations of police abuse so the PCA can transfer cases to the justice system for prosecution as warranted.

The questions come just days after Stabroek News reported on the promotion of two policemen who were found culpable of the torture of a youth in a police stations.

Italy also called on Guyana to ensure thorough investigation of all allegations of extrajudicial killings and the use of excessive force by the police. The country’s representative urged Guyana to strengthen the independence of the PCA and provide it with adequate funding and resources.

In response, Minister of Foreign Affairs Carolyn Rodrigues-Birkett said that government has decided that the PCA will establish its own investigative arm. She said that it is recognised that in the past the police was responsible for investigating and “yes one can conclude that if the police investigates the police you might not have the impartiality that you would like to have and this is why this independent investigative arm would prove to be a boost to the PCA.” The need for more resources would have to be considered within the context of how the national economy is doing, she said but added that the amount of resources allocated has been increased throughout the years. The need for the PCA to have its own investigative arm has been on the agenda for more than 20 years but ignored by the government until last year. It appears that the recent move in this direction requires the Minister of Home Affairs to approve the hiring of investigators.

The Canadian representative Leigh McCumber also expressed concern about police excesses. “Canada observes with concern continuing and serious reports of police brutality. These reports, together with limited investigations and slow judicial proceedings, erode accountability. Canada regrets that the 2010 UPR recommendation for the establishment of an independent framework for oversight and accountability for human rights within law enforcement agencies has largely not been implemented,” she said.

Norway, which is involved in a major forest protection programme with Guyana, urged that perpetrators be brought before the courts. “Norway is concerned by the reported excessive use of force by the Guyana Police and Defence Forces as well as complaints of mistreatment and extra judicial killings carried out by state officials. Norway therefore recommends that Guyanese authorities investigate all complaints of human rights violations committed by state security agencies and ensure that cases of violation are brought before the courts. These are absolute requirements in order to restore the credibility of the judiciary and to break the cycle of impunity,” Oslo’s representative Sigri Stokke Nilsen said.

In response to Norway’s assertions, Rodrigues-Birkett said that reports of extra-judicial killings have declined. “I am not aware of extra-judicial killings in this reported period. I think there has been one such report in 2011,” she said while recalling that when she appeared before the UPR in 2010, there has been nine such reports at the time so this was a reduction. She said that Guyana’s report states clearly what government has been doing in terms of reported excesses by the Guyana Police Force (GPF) and work will continue in this regard.

“Norway also spoke about the absolute requirements in order to restore the credibility of the judiciary and I think that speaks to the judiciary not being credible. I would not sit here before you and tell you that our judiciary is not credible. I think that we have a credible judiciary, we have to continue as always to strengthen all of the branches of government” including the judiciary, the minister added.

Germany had previously submitted a question on whether the Government of Guyana would consider acceding to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and how is independent monitoring currently assured in detention and prison facilities.

The United Kingdom too had asked what progress government has made with the extension of an invitation to the UN Special Rapporteur on Torture, as well as an open invitation to UN Special Procedures Mandate holders to visit Guyana.

Rodrigues-Birkett said that Guyana is always open to have officials from the UN system visit and this has happened in the past. “I don’t see this as an issue at all in the future,” she said while adding that government would like to get over the general election period first.