Army can detain civilians – Harmon

Freedom of the press

Government is affirming that the Guyana Defence Force has the right to arrest civilians. This assertion comes in wake of the detention of a Capitol News cameraman and a Chenapau resident while traversing the Kaieteur National Park (KNP).

The Government’s support for the GDF to detain civilians was made known by Minister of State, Joseph Harmon, on Friday. During a post-Cabinet press briefing, Harmon stated that he has not gone beyond the army’s report to question the reasons behind the detention of the local media worker. But he expressed faith in their explanation.
“I believe the army did give an explanation for this, and I believe the explanation is a reasonable one in the circumstance. I have not gone beyond it to question why this worker was detained, but the sense I got from the army report is that the person was in an area he should not have been.”
He added that the army was conducting an operation in that area, making it unsafe for civilians to traverse. But when asked whether there is a specific law giving the army this power, Harmon said, “Of course the army can detain somebody in an area that is an operation area. It is a limited detention, until such time as they are handed over to the civilian authorities. That can be done.”
In fact, Section 81 (1) of the Defence Act, Cap 15:01, states that “any person subject to military law under this act found committing an offence against any provision of this act, or alleged to have committed, or reasonably suspected of having committed any such offence, may be arrested in accordance with the following provisions of this section.”
However, subsections two to five only reference the power of the army to arrest soldiers and officers. Throughout the act, the only persons identified as being subject to arrest are those subject to military law.
Capitol News cameraman Rudy Morris and Chenapau resident Anthony Melville were both taken into custody at the Muri Muri Landing, Region Eight (Potaro-Sipiruni). The cameraman was among a group of media workers who on Saturday accompanied Amerindian Peoples Affairs Executive Michael Mc Garrell to the region.
They were investigating claims of illegal mining in the Kaieteur National Park, and were also there to observe unfolding events.
There had been a Presidential order for the army, in joint operations with the Police, to enforce the law which prohibits mining within the boundaries of the Kaieteur National Park.
But on Sunday, Morris and Melville used a boat to go investigate the boundaries of the park, and as they were returning, they were arrested.
Video footage emerged showing a plainclothes, barefooted GDF rank pointing a weapon at Morris and instructing him to turn off his camera.
While the two men were released on Monday by the GDF ranks, Morris was brought to Georgetown only on Wednesday.
Residents of the area had complained bitterly to media operatives about the heavy military presence, which curtailed their freedom. But in a statement, the army had dubbed the cameraman’s actions reckless and stupid.

End of operation
Meanwhile, the Protected Areas Commission (PAC) is examining the recommendations made by the Joint Services team which the Government of Guyana had deployed to the KNP to clamp down on mining in protected areas, following the end of the operation on Monday.
With the conclusion of the operation, most of the ranks of the GDF and the Guyana Police Force, and officers of the Guyana Geology and Mines Commission (GGMC), have already left the area, with the remainder expected to be transported to the capital city by Friday.
In an interview with sections of the media, Commissioner Denise Fraser had said that the PAC would be upping its monitoring activities in the area, and will work to establish a plan to ensure that the recommendations which fall within its remit are put into full effect.
The Joint Services’ report recommended that all operators should be prohibited from transporting mining equipment and other such paraphernalia into the KNP from any point of entry.
Additionally, the report called for the impounding of all equipment seized, and prosecution of the registered owners.
It was also recommended that there be a clear and obvious demarcation of the protected area boundary.