Caricom looks to adopt Guyana’s approach in labelling violent unrest as terrorism – Nandlall

…defends terrorism charges against perpetrators in recent unrest

Attorney General and Legal Affairs Minister Anil Nandlall, SC, has stated that other Caribbean nations are now considering adopting similar actions as Guyana, by treating violent public unrest as acts of terrorism.
Nandlall made these remarks during his weekly programme, “Issues in the News”, on Tuesday evening, where he defended the terrorism charges instituted against dozens of individuals who are alleged to have participated in the recent countrywide unrest.

According to the Attorney General, Guyana has led the way within the Caribbean Community (Caricom) when it comes to treating violent public unrest as acts of terrorism.
A preliminary report on effectively dealing with acts of terror, recognised that Member States are grappling with an escalation of indiscriminate, reckless shootings and acts of violence in public spaces, during which innocent bystanders, including women and children, are caught in gunfire and fatally injured.
Citing the preliminary report on tackling violence in the Caribbean, Nandlall pointed out that a draft paper has already been prepared, which provides options for Caricom Member States to consider how to effectively legislate and designate certain indiscriminate acts of violence and criminality, committed in public spaces, as “acts of terror” and efficiently bring to justice, the perpetrators of such acts of terror – something which the AG says Guyana had the foresight to do over two decades ago.
“The paper proposes two options, which are based on the practice of Commonwealth jurisdictions: (i) to incorporate the crime within the definition of “terrorist act” under existing terrorism legislation or other legislation, or (ii) develop new legislation for standard crimes that deal with terrorist actions [carried out indiscriminately]. At the Caricom level, they are moving to do what we did in 2002. We are 22 years or more ahead of Caricom on this matter,” he asserted.
Back in 2002, Guyana amended the Criminal Law (Offences) Act to include a ‘Terrorist Act.’ The law now states that whoever with intent to strike terror in the people, or any section of the people, does any act or thing in such a manner as to cause or likely to cause death or injury to any person(s), or loss of or damage to or destruction of property commits a terrorist act.
“It was intended in 2002 to address the very kinds of issues, very kind of factual situations that we’ve seen unfolding… In 2002, there was rampant burning and looting of business premises across the country, in particular in Georgetown. There was burning of the roadways with tyres and other materials, and the beating and robbing of commuters, the murder of commuters and businessmen …The government could not have stood idly by, and it took that amendment to the Parliament and the Parliament passed it,” the Attorney General explained.

Nandlall’s statement comes as certain sections of society are being critical of the charges brought against individuals who are caught in photos or videos damaging property and looting during the recent unrest.
The recent unrest started after a postmortem examination found that 11-year-old Adrianna Younge, whose body was found in the pool at the now-gutted Double Day Hotel, Tuschen, East Bank Essequibo (EBE), died from drowning.
On the evening of April 28, the unrest saw individuals initially blocking off roads by burning debris, but it quickly escalated to include attacks on innocent passers-by, looting and arson of businesses and further destruction of public and private property. Several businesses, including major furniture outlets and Chinese-owned supermarkets were looted, with at least one building torched. There is also video on social media of a vagrant being beaten by protesters.
To date, more than 50 persons have been placed before the courts for inciting terror and/or larceny, while wanted bulletins have been issued for several others.
In defending the charges, AG Nandlall contended that the defendants’ actions were aimed at driving fear into citizens, hence the nature of the charges was “appropriately used” against persons who attempted to cause terror across the country.
“To those who say that this is the wrong charge, I say to them to find a better charge. There could not have been a more appropriate charge… To those who are saying that this is wrong charge, I say to you that Caricom is [now] emulating Guyana in this regard, and we are proud to lead by example on this matter,” he contended.