…aims at clearing up backlog of cases

HUMAN rights lawyer and former magistrate, Dr Christopher Arif Bulkan was on Wednesday sworn in as acting Justice of Appeal, before President David Granger at State House.
Dr Bulkan has been appointed temporarily for a period of six months, effective January 17 and does not believe at this stage that there would be an extension to his time on the bench. He currently serves as a full time lecturer at the University of the West Indies (UWI). He is of the view that during his six-month stint he would be able to address the existing backlog of cases within the judiciary. He told reporters after receiving his instrument of office that “My addition will help them to clear up the backlog or go some way towards that”.

Dr Bulkan has served within the local public service for some time, having worked at the Chambers of the Director of Public Prosecutions (DPP) and serving as a magistrate, something he believes is integral to his appointment as acting Justice of Appeal. For his part, Dr Bulkan said in order to be successful there would have to be less adjournment of cases. He joins Acting Chancellor of the Judiciary, Yonette Cummings-Edwards, Acting Chief Justice Roxanne George-Wiltshire; Justices: Rishi Persaud and Dawn Gregory as the other appellate judges. Present at the ceremony was also Justices Prem Persaud and Lennox Perry and Attorney General and Minister of Legal Affairs, Basil Williams S.C.

Meanwhile, President David Granger, in congratulating Dr Bulkan on his appointment as temporary Justice of Appeal, said Guyana is a law-based state and the enforcement of law– the efficient and timely dispensation of justice by local courts–are the fundamental bases of the legal system.

“The efficient and independent judiciary ensures that citizens have access to justice and that this access is fair and swift. A full complement of Judges, magistrates, and legal officers promotes judicial efficiency and public confidence in the rule of law,” said the head-of-state.

He described Bulkan as an “eminent Guyanese” and made it clear that his appointment is in full conformity with the Constitution of Guyana. Citing Article 128 (1) the President said judges, other than the Chancellor and the Chief Justice, shall be appointed by the President who shall act in accordance with the advice of the Judicial Service Commission (JSC).
The constitution, he said, is very clear, and makes provision also for the protecting, preserving and the impartiality of the judiciary. Article 128 (2) (d) of the Constitution says that the President shall act in accordance with the advice of the JSC and appoint a person to act in the office of the Justice of Appeal or Puisne Judge, as the case may require.

“This ceremony therefore is an affirmation of the Government’s commitment to ensuring that the judicial systems remain independent,” President Granger stated. Williams S.C. told reporters after the swearing-in ceremony that while he could not point readily to any previous acting justices of appeal, the action was in keeping with the Constitution.

“I am not sure, but our constitution is flexible; we have Puisne Judges sitting up in the court of appeal, and so I am not sure if we ever had in recent times an acting,” he said in response to questions posed by Guyana Chronicle. Last September, Dr. Bulkan was nominated by Cabinet for candidature to represent Guyana on the United Nations Human Rights Committee (UNHRC). He also co-founded the Faculty of Law-UWI Rights Advocacy Project (U-RAP) at the Cave Hill campus, which is a group of law professors who engage in both litigation and advocacy aimed at promoting human rights.

Dr Bulkan has been involved in human rights advocacy for many years and has worked to establish and defend the rights of vulnerable and marginalised communities, including indigenous peoples, LGBT persons and persons living with HIV/AIDS. He has also been involved in public advocacy against the death penalty, both regionally and at events sponsored by the United Nations High Commissioner for Human Rights.