"There is zero political risk in Guyana."
Human Rights Under Fire in Guyana Due to Anti-Terrorism Legislation, New Amnesty International Report Finds
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New Criminal Legislation Could Limit Rights, Allow for Wider Application of Death Penalty
(New York) – The Guyanan National Assembly recently passed criminal legislation that could seriously jeopardize human rights by restricting freedom of expression and assembly and extending the scope of the death penalty, Amnesty International warned in a report released today. In Human Rights and Crime Control: Not Mutually Exclusive, Amnesty International calls on the government to reform legislation in accordance with the country's international obligations.
"The authorities in Guyana must not barter away their citizens' rights under the guise of fighting crime," explained Dr. William F. Schulz, Executive Director of Amnesty International USA (AIUSA). "Protection of human rights for all and crime control are not mutually exclusive. In fact, they go hand in hand."
Amnesty International is particularly concerned at the broad and vague definition of "terrorist act" adopted in the new legislation, which could be interpreted to encompass the legitimate exercise of rights guaranteed under international law.
For example, activities such as striking are covered in the Act as "likely to cause…disruption of any supplies or services essential to the life of the community." The categorization of striking as terrorism is in breach of international standards recognizing the right to strike. Amnesty International therefore rejects government claims that the new legislation fully complies with the country's obligations under national and international human rights standards.
"The definition of 'terrorist act' is so open that it could result in restrictions to the peaceful expression of dissenting opinions and other lawful activities," added Eric Olson, Advocacy Director for the Americas for AIUSA. "The severe sentences -- which include the mandatory death penalty -- for committing a 'terrorist act' are in breach of international law."
The imposition of the mandatory death penalty in all cases in which a death results from a "terrorist act" is cause for great alarm. Extending the scope of application of capital punishment contradicts existing international standards and the growing worldwide trend toward abolishing the death penalty.
The organization also expressed concern at powers afforded to the Minister of National Security, which could result in restrictive orders, such as indefinite administrative detention without charge or trial, being placed on persons who "may reasonably be regarded as constituting a threat to public order and safety," according to the report.
"The experience of other countries shows that administrative detention is often accompanied by the creation of a shadow justice system lacking crucial safeguards and potentially leading to human rights violations, including unlawful arrest, torture and ill-treatment, and execution," noted Olson.
The organization is urging the Guyanan authorities to immediately bring the new legislation in line with international human rights standards and the human rights provisions of Guyana's constitution.
For a copy of the report, Human Rights and Crime Control: Not Mutually Exclusive, contact mlinder@aiusa.org
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AMNESTY INTERNATIONAL
PRESS RELEASE
AI Index: AMR 35/003/2004 (Public)
News Service No: 127
19 May 2004
Guyana: Commission of Inquiry into death squad
Questions on the recently announced Commission of Inquiry's mandate and powers must be answered promptly, or fundamental flaws may jeopardise its ability to effectively search for the truth from the start, Amnesty International said today.
The inquiry could provide a welcome opportunity to investigate recent allegations that a death squad has tortured, "disappeared" and killed dozens of individuals since 2002.
"The grave and serious nature of the allegations that a death squad is killing and torturing, possibly with the collusion of a government Minister, is of extreme concern. These allegations must be vigorously investigated, and the public must have full confidence in those investigations" Amnesty International said.
The organization stressed that the Commission of Inquiry should be framed around international standards that provide detailed guidance on the elements needed for an effective investigation into such allegations, particularly the UN's Model Protocol for a Legal Investigation of Extra-Legal, Arbitrary and Summary Executions(the "Minnesota Protocol")."
Amnesty International also urged politicians and others with influence not to make public remarks that may prejudice the outcome of the inquiry. Last week, the President of Guyana stated that the Minister of Home Affairs, who is to be the focus of the inquiry, "enjoys my full confidence and that of the cabinet."
"Particular care must be taken to ensure that the outcome of the Commission of Inquiry is not predetermined -- or perceived as such -- through premature speculation as to the innocence or guilt of persons allegedly implicated in unlawful activities, or through structural and procedural flaws," said Amnesty International.
"The requirement under international law that those investigating allegations of unlawful killings be independent of those under scrutiny is also incompatible with the appointment of the serving Chair of the Police Service Commission onto the 3-person Commission team."
Central to the success or failure of the Commission of Inquiry will be its power to:
recommend criminal investigations leading to prosecution and to produce outcomes, including a determination of persons responsible for any illegal killings and of any practice which may have brought about those deaths;
obtain all information necessary, including the authority to compel testimony under legal sanction, test evidence and protect witnesses, families of the alleged victims and other sources from violence or other forms of intimidation.
Background Information
In January, a self-confessed 'informant' made public allegations about the existence of a death squad or squads, with a membership including existing and former police officers. Amnesty International has received a list of at least 64 alleged victims. A national newspaper subsequently stated that it had viewed telephone records purportedly demonstrating that the Minister of Home Affairs, Ronald Gajraj, had communicated with members of the squad.
On 7 May 2004, the Minister of Home Affairs announced that he would vacate his office to allow an inquiry to proceed. On 15 May the President of Guyana announced an inquiry, pursuant to the Commissions of Inquiry Act 1933, into "whether and to what extent there is evidence of a credible nature to support the allegations that the Minister of Home Affairs, Mr. Ronald Gajraj, has been involved in promoting, directing or otherwise engaging in activities which have involved the extra-judicial killing of persons".
The functions of the Police Service Commission, established under Guyana's Constitution, are to discipline, appoint and remove officers in the Guyana Police Force above the rank of Inspector. It also advises the President on the appointment of the Commissioner of Police.
Public Document
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For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW. web: amnesty.org
For latest human rights news view news.amnesty.org
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