AG asks court to dismiss Haitians’ deportation challenge
Attorney-General Anil Nandlall, SC.
Attorney-General Anil Nandlall, SC.

-says they may have ‘illegally’ left Guyana

TELLING the High Court that the 26 Haitians who are challenging their deportation is believed to have left Guyana “illegally”, Attorney General (AG) and Minster of Legal Affairs, Anil Nandlall, on Friday, asked that the matter be dismissed.
The AG, who is representing the State, informed Chief Justice Roxane George, during the second hearing of the case that he had sent a letter to the Haitians’ attorney, Darren Wade seeking information about their whereabouts. He submitted that with the conservatory order halting the deportation in effect, the ten men, nine women and seven children were released from the State’s custody at the Hugo Chavez Centre for Rehabilitation and Reintegration at Onverwagt, in Region Five (Mahaica-Berbice). However, it is suspected that the foreign nationals left the jurisdiction illegally thereafter.

Chief Justice Roxane George

Nandlall indicated that this is a critical legal issue as the court proceedings have been filed on behalf of persons who are no longer within the jurisdiction. The issue at hand is whether the court has jurisdiction to continue to hear such cases.
In response, the Chief Justice said the absence of the foreign nationals does not affect the case and so she will go ahead and hear the matter since it touches on critical constitutional issues. The Haitians’ attorney during the hearing applied for an extension to file affidavits on behalf of his clients. However, the CJ did not grant his request. Both parties were ordered to lay over written submissions by January 15, 2021. The court was adjourned to January 27 for clarification or decision.
On December 1, Principal Magistrate Sherdel Isaacs-Marcus, at the Georgetown Magistrates’ Court, issued an order for the Haitians to be taken to the nearest port of exit.

This newspaper was made to understand that the 26 Haitian nationals had arrived in Guyana on November 7, and were reportedly granted a six-month stay.

Attorney-at-law Darren Wade.

However, they allegedly provided incorrect information to immigration officers about where they would be staying while in the county. Days later they were found at a city hotel and in a minibus on the Soesdyke-Linden Highway.
During the first hearing of the case the CJ granted a conservatory order suspending their deportation, pending the hearing and determination of the case.
Wade, in his submission, is relying on the Constitution of Guyana and the Caribbean Community (CARICOM) Single Market and Economy (CSME), as well as certain aspects of the matter which brings the Revised Treaty of Chaguaramas into focus to have the matter referred to the Caribbean Court of Justice (CCJ) for adjudication.
The Attorney General, in reply to Wade, contended that the Fundamental Rights provisions of Guyana’s Constitution, specifically Article 47, which Wade is trying to invoke in support of his case, is flawed, since it only applies to citizens of Guyana and other Commonwealth member states, as well as other persons and countries listed therein.

According to Minister Nandlall, Haiti is not a part of those territories since it did not sign on to the free-movement aspect of the CSME.
He further stressed that Haiti is not included in those territories, and as such, “these persons are aliens under the Constitution [of Guyana].”
Nandlall also raised the issue of jurisdiction in the case, which the court does not have to entertain the application.
Previously, Wade, had filed Habeas Corpus proceedings in the High Court on behalf of the Haitian Nationals. In his affidavit, he told the court that just a few hours after arriving in Guyana on November 7, the Haitians were apprehended by the police. A group was removed from the Bristol and Bristol Hotel, located on South Road, Georgetown, while another group was arrested on the Soesdyke-Linden Highway.

The police claimed they were suspected of being victims of a human trafficking ring, an allegation the Haitians has consistently denied.
President of the Association of Haitian Nationals in Guyana, Kesnel Toussaint had stated that since their detention three weeks ago, the Haitians have been denied Counsel, although several requests were made.
He contended in the affidavit that the Haitians came here legally, and were granted an automatic six-month stay, in keeping with Guyana’s obligation to the Treaty of Chaguaramas.Recently, Home Affairs Minister Robeson Benn disclosed that approximately 33,000 Haitians have been reported as “missing” over a three-year period, following their arrival in Guyana. Benn had claimed that the 26 Haitians, inclusive of seven children, were part of a human trafficking ring.

SHARE THIS ARTICLE :
Facebook
Twitter
WhatsApp

Leave a Comment

Your email address will not be published. Required fields are marked *

All our printed editions are available online
emblem3
Subscribe to the Guyana Chronicle.
Sign up to receive news and updates.
We respect your privacy.