THE Guyana Defence Force (GDF) announced, yesterday, that it has concluded its investigations into the incident, reported in a section of the media, that army ranks had attempted to arrest a student in the classroom at the University of Guyana (UG).
A press release said the probe revealed that soldiers of the Military Police (MP) Department, who have the authority to apprehend deserters, exceeded the extent of their powers, in that they entered unto private property where they have no jurisdiction.
The GDF said it deeply regrets this and wishes to assure the public that it will continue to ensure that all its ranks operate within the ambit of the law.
On February 15, the GDF said, in light of an article denouncing the action in which a soldier who was absent without leave (AWOL) was, forcefully, taken from a UG classroom recently, it highlighted the terms and references under which the army operates.
The press statement said: “From the moment of their enlistment, all its officers and ranks are subject to Military Law in accordance with the Defence Act Chapter 15:01 of the Guyana Constitution.
“As such, any officer or other rank who goes absent without leave (AWOL) or deserts is, in fact, committing a military offence, which is punishable by law. The Force wishes to reiterate that it is legally right and proper for such offenders to be arrested, detained and punished as necessary.
“The Defence Act, therefore, guides the Force’s procedures as it relates to officers and ranks who go absent without leave (AWOL) or desert. Sections 47 and 48 of the Defence Act directly administers the Force’s regulations in that regard.
ON CONVICTION
“Section 47 (1) which addresses, directly, the act of desertion, states: ‘Every person, subject to Military Law under this Act, who deserts or persuades or procures any person subject to Service Law to desert, shall, on conviction by Court Martial, be liable to imprisonment or any less punishment for more than two years.”
“Section 48 addresses the act of being AWOL and essentially states the same punishment.
“Any officer or soldier found guilty of any offence at a Court Martial is liable to imprisonment.
“Section 178 of the Defence Act stipulates thus:
*178 (1) Any policeman may arrest, without a warrant, any person whom he has reasonable cause to suspect of being an officer or soldier of the Force who has deserted or is absent without leave.
*178 (2) Where no policeman is available, any officer or soldier of the Force or any other person may arrest, without warrant, any person whom he has reasonable cause to suspect, as aforesaid.
*Section 81 of the Act also provides further direction and support for other forms of arrest for persons AWOL or who have deserted.
“GDF Standing Operating Procedures (SOPs) exist to guide Commanders, senior non-commissioned officers (NCOs) and soldiers as to the correct and official procedures regarding their professional military conduct. The Force remains committed to the professional application of these SOPs and the proper treatment of its ranks in relation to their military careers,” the statement reiterated.