Attorney General and Legal Affairs Minister Anil Nandlall, SC, is looking to curb misconduct and harassment by ranks of the Guyana Police Force, especially on the roadways – a practice which he says has been resulting in the wasting of State resources.
“This thing about stopping people and detaining them without cause is a violation of the constitutional rights of the citizens…and when they sue, it is the State that has to pay for the misbehaviour and the violation of the law, and the abuse of power by the Police officers,” AG stated during this week’s edition of his online programme – Issues In The News.
Minister Nandlall pointed out that while Police officers must be allowed to discharge their statutory functions and duties, this should not be done in a manner that infringes, violates, or tramples upon the rights and freedom of citizens.
“A balance must be struck,” he contended. “It is the Attorney General who is required to answer in the Court of Law for Police misconduct and misbehaviour. It is the State, using taxpayers’ dollars, that have to pay compensation – sometimes running in to millions – for Police misbehaviour and Police violations of the law, Police violation of people’s constitutional rights.”
According to Nandlall, members of the public are constantly complaining about the Police behaviour, particularly on the roadways in relation to traffic offences. He explained that except for serious offences, Police ranks should not be detaining anyone or their vehicles for minor traffic offences.
“Unless it’s a very serious offence, such as Causing Death by Dangerous Driving, the Police have no right to detain vehicles for the alleged commission of traffic offences. We have a ticketing system in place that allows errant drivers or road users to be ticketed, and that process is not supposed to be a long one. Reasonable time should be expended, and the persons should be allowed to go their way with their vehicles,” he stated.
“When the Police detain those vehicles and legal proceedings are filed, it is the Attorney General who has to go to a judge and explain why this vehicle is kept so many days. And I can’t, in law, offer an explanation that makes sense. And every day I have to keep negotiating with various lawyers and various litigants in very difficult circumstances,” he said.
Moreover, in regard to arrests, AG Nandlall further outlined that a persons should only be arrested or detained upon reasonable suspicious of a serious offence committed.
Against this backdrop, the Legal Affairs Minister has acknowledged the need to enhance awareness and education of the public as well as the Police Force in relation to Police powers and the rights and freedoms of citizens, which are guaranteed by the Constitution.
On this note, Nandlall disclosed that he has submitted some legal opinions to Police Commissioner Nigel Hoppie regarding actions that can be taken by the Force against errant ranks who continue to misbehave or act in violation of the Standing Operation Procedures and the Constitution.
“I hope that that opinion will be taken seriously, because we cannot, in a modern democratic society, tolerate abuse of power at any level in the State apparatus. It doesn’t mean that persons can abuse the Police; it doesn’t mean that persons can disrespect the Police; it doesn’t mean that the Police cannot detain you, or arrest you, or detain your vehicle in the proper circumstances. But the proper circumstance must exist,” the Attorney General has stressed.
Only last week, the People’s National Congress Reform (PNCR) – largest party in the APNU/AFC Opposition coalition – submitted a Notice of Motion to the Parliament calling on Commissioner Hoppie to address “country-wide complaints from citizens that some Police ranks are abusing their powers of arrest and detention.”
This notice was filed by PNC General Secretary Geeta Chandan-Edmond, who is the shadow Home Affairs Minister in the National Assembly. It stated that the party has been getting from citizens across the country complains about the abuse of power, discrimination, and victimisation by some Police ranks.
The party said it had requested a meeting with the Top Cop on the issue, but after not receiving a response, a decision was taken to raise the issue in the National Assembly.
In the Notice, the party “calls on the Commissioner of Police to take all necessary steps, inclusive of investigations and retraining, to ensure all members of the GPF respect the human and legal rights of citizens with special reference to arrest, detention, and fair and equal treatment before the law.”
