PULL QUOTES: ‘This house must take a stand (against torture)’ APNU Leader, David Granger

‘YOU (APNU) opened the door on torture… YOU must condemn it wherever it took place, not only where you want to condemn it… Maybe we should deal with the history of torture; not only the Guyana Police Force alone’ –Government Chief Whip and Presidential Advisor on Governance, Gail Teixeira

‘Our record (of putting systems in place to address torture) cannot be credibly questioned by anyone’ –Attorney-General and Minister of Legal Affairs, Anil Nandlall

MEMBERS of Parliament (MPs) have agreed on condemning torture, and acknowledged that Guyana’s Constitution, as well as several international conventions and treaties to which Guyana is a party, make torture criminal.

However, Government and Opposition MPs disagreed on the parameters of a Motion to establish a Commission of Inquiry (CoI) to investigate the alleged torture of persons by members of the Guyana Police Force (GPF) between 2006 and 2013.

This point was underscored by Government MPs who noted, among other things, that the time period for investigation should not be limited to the seven stated years.

PATTERN
Mover of the Motion, Leader of A Partnership for National Unity (APNU), David Granger, noted that what Guyanese are witnessing is a pattern whereby some members of the Police Force determine innocence or guilt without any resort to the Court.

“This House must take a stand (against torture),” he said, adding that such practices are inhumane, cruel and degrading.

Granger said the Motion not only seeks to put a stop to this illegality, but to also guarantee citizens a life without the threat of torture by officials tasked with the duty to serve and protect.

He further stressed that practices of torture must not only be condemned and abandoned, but repudiated. In bolstering his argument, Granger quoted the United Nations (UN) definition of torture. In its Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the UN says: “The term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession; punishing him for an act he or a third person has committed or is suspected of having committed; or intimidating or coercing him or a third person for any reason based on discrimination of any kind, when such pain or suffering is inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions.”

The Opposition Leader also stated that the incidents of torture are not unknown, and as such, the National Assembly is obliged to take legislative action against such acts.

Granger delved into historical facts, recounting that the immediate pre-Independence period was disturbed and filled with incidents of police brutality; however, the post-Independence period is not much different.

He blasted the Government over the fact that, in the last 15 years, there have been 15 proposals for reform of the Guyana Police Force, yet there has been no change.

CONVENIENT OMISSIONS
Government Chief Whip and Presidential Advisor on Governance, Gail Teixeira, took the Opposition Leader to task on this point. She pointed out that Granger has seemingly made a convenient “quantum leap” in his historical narration and had ignored the 1968 to 1992 period when there were reports of death squads and police actions being driven by political directives, among other things.

Teixeira added that, in 1985 alone, there were 585 reports citing human rights’ violations, according to an independent international report, the highest ever recorded in Guyana’s history, including the considerations of the present day; as well as the 1,374 executions that occurred between 2002 and 2008.
She recalled that the 1997 and 2001 elections were “horrible periods”, and referenced the torture of a polling agent who, according to video evidence, was dragged from a polling station, taken to the headquarters of a political party and beaten while being kept in custody overnight.

That polling agent, the Government Chief Whip said, has since fled Guyana in fear of speaking in a court of law, as the identities of his captors were known to him.

Her reference to this incident elicited much cross-talk in the House, which Teixeira silenced when she said, “YOU opened the door on torture… YOU must condemn it wherever it took place; not only where you want to condemn it… Maybe we should deal with the history of torture, not only the Guyana Police Force alone.”

At this point, the Government MP called for the widening of the scope of a Commission of Inquiry. She spotlighted the need for this, in particular as it relates to “clearing consciences” of who was involved in what.

Teixeira posited that immunity, as is done for the witnesses of the ongoing CoI into the death of Dr. Walter Rodney, can also be a point to consider, even as she flayed the Opposition Leader for his comments which reflected a descent into ‘blame game’.

TENSE EXCHANGE
APNU MP Winston Felix, at this point, heckled that under his stewardship as Police Commissioner, there was not one report of torture.

His comment led to a somewhat tense exchange with the Government Chief Whip, who was Minister of Home Affairs during Felix’ tenure as Commissioner of Police.

Teixeira returned, “I will not embarrass you, Mr. Felix; you may not admit it, but we both know; we know what we know, and knew what we knew. Don’t misinform Mr. Granger, because you and I can talk… If there is a Commission of Inquiry, which this Motion is pushing for, I will speak; I will not be constrained.”

She added that in calling for a CoI, not only does the scope, in terms of years, need to be expanded, but a clear basis for such an undertaking needs to be outlined.

The Government Chief Whip explained that there are domestic remedies available, including the Police Complaints Authority (PCA), the Office of Professional Responsibility (OPR), and the courts.

Felix, in his contribution to the debate, proceeded to say that contrary to the examples of torture citied by Teixeira, a person can only be tortured if they are “not free” to move.

The Government MP debunked this by referring to the definition of torture cited by Granger.

POLITICAL TOOL
The Attorney-General (AG) and Minister of Legal Affairs, Anil Nandlall, expounded on this definition, and stressed that torture is constitutionally wrong and the policies of the current Administration are “deliberate, systematic, and institutionalized” when it comes to addressing torture.

“Our record cannot be credibly questioned by anyone,” he stressed, adding that the move to establish a CoI should not be a move to improve political fortunes.

The AG also stated that the motion was “bereft” of supporting data relative to the need to constitute a CoI, a move that is vested in the President of Guyana and should not be invoked flippantly.

Home Affairs Minister Clement Rohee echoed similar sentiments, and said, “You are pushing at an open door.” He further explained that steps are being taken to improve the mechanisms set up to address allegations of “police excesses” by citizens.

Rohee also questioned the desire of the Opposition to “eke out” political mileage from the establishment of such a commission.

The Home Affairs Minister made it clear that reforms are being taken, contrary to Granger’s assertions, and changes are happening, with more to come.

“As far as I am concerned, the motion is a motion that has sinister motives,” he said.

APNU’s James Bond, in his contribution to the debate, stated that the bottom line of the issue at hand is that the violation of the rights of any human being must be given the utmost priority.

Moses Nagamootoo of The Alliance For Change (AFC) also spoke on the Motion, stating that incidents of torture by members of the police force are a worrisome development, and regardless under which administration it occurred, torture has no brand.

“Torture is torture,” he posited.

PROVISIONS
Considering this, the provisions of the motion stipulate as follows: “Whereas the Constitution of the Co-operative Republic of Guyana prescribes, at Article 141, that ‘No person shall be subjected to torture or to inhuman or degrading punishment or other treatment;

“And whereas it has been widely reported that persons were tortured by members of the Guyana Police Force between the years 2006 and 2013, inclusive.

“And whereas in accordance with the Commission of Inquiry Act, Chapter 19:03, “The President may issue a commission appointing one or more commissioners and authorising such commissioner or commissioners to inquire into any matter in which an inquiry would, in the opinion of the President, be for the public welfare.

“Be it resolved that the National Assembly expresses its sympathy with the victims of torture; and be it further resolved that the National Assembly calls upon the President of the Co-operative Republic of Guyana, in accordance with the Commission of Inquiry Act, Chapter 19:03, to appoint a commission of inquiry to inquire into the torture of persons by members of the Guyana Police Force, and to make recommendations to prevent a recurrence of such torture.”

The Motion was passed with the unanimous support of the combined Opposition, while Government MPs voted against the it.
Written By Vanessa Narine