Kaieteur News
GEORGETOWN
EnergiesNet.com 04 26 2022
A new Human Rights Report released by the US Department of State has found that Guyanese citizens continue to perceive widespread corruption in every level of government and its branches.
The report was released last week. The report stated that the law provides for criminal penalties for corruption by officials, and the government generally implemented the law effectively. It said there were isolated reports of government corruption during the year, and administration officials investigated these reports but, “there remained a widespread public perception of corruption involving officials at all levels and all branches of government, including the police and judiciary.”
Corruption by police officers was frequent, the report continued. It said that the government had prosecuted members of the police force during the year. “In April, authorities arrested 11 police officers and charged them with multiple counts of fraud, conspiracy, and larceny for inflating the costs of meal procurement for police officers and keeping the difference.” On October 27, two of those charged were released, and the judicial proceedings for the others were ongoing.
When it comes to respect for the integrity of the Person and the arbitrary deprivation of life and other unlawful or politically motivated killings, the 2021 report said that there were several reports that the government or its agents committed arbitrary or unlawful killings. “In May, police shot and killed robbery suspect Peter Headley while he was being transported by police in a civilian vehicle to a police station. According to police, Headley reached under the seat of the vehicle and pulled out what appeared to be a firearm, leading an armed police officer to shoot Headley, who died a short time later.”
The officers involved were placed under arrest. The Guyana Police Force’s Office of Professional Responsibility and Police Complaints Authority investigated the matter, and as of October the Department of Public Prosecutions was reviewing the results of the investigation. In September the Guyana Police Force SWAT team shot and killed Orin Boston during a search of his home. Boston was unarmed. As of November, the Guyana Police Force’s Office of Professional Responsibility was conducting an investigation into the incident.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, the report submitted. However, an arrest requires a warrant issued by a court official unless an officer who witnesses a crime believes there is good cause to suspect a crime or a breach of the peace has been or will be committed.
The law stipulates that a person arrested cannot be held for more than 72 hours unless brought before a court to be charged. Authorities generally observed this requirement and bail was generally available except in cases of capital offenses and narcotics trafficking.
The report continued that although the law provides criminal detainees prompt access to a lawyer of their choice and to family members, authorities occasionally did not fully respect this right. The state provides legal counsel for indigent persons only when such persons are charged with a capital offense. The Legal Aid Clinic, a nongovernmental organization (NGO), provides legal counsel at a reduced fee in certain circumstances, as determined by the clinic. Police routinely required permission from the senior investigating officer, who was seldom on the premises, before permitting counsel access to a client.
However, in the case of arbitrary arrests and unlawful detention, there were reports alleging this. In June the Police Complaints Authority issued its report covering 2019, which found most police officers interviewed were ignorant of constitutional provisions regarding arrests and searches and that a substantial number of members of the police force under investigation openly violated the constitution in the performance of their duties.
Lengthy pretrial detention remained a problem, due primarily to judicial inefficiency, staff shortages, and cumbersome legal procedures. The average length of pretrial detention was three years for those awaiting trial at a magistrates’ court or in the High Court. This often exceeded the maximum possible sentence for the crime for which they were charged.
kaieteurnewsonlines.com 04 26 2022
