Judicial inefficiency major cause of lengthy pretrial detention – US State Dept report

…also cites inhumane treatment of prison inmates

Despite steps to improve Guyana’s judicial system, the lengthy pretrial detention in Guyana has been cited as a major problem for those in lock-ups, primarily due to judicial inefficiency – the US Department of State has cited in a recent report.
The US Department of State’s 2022 Country Report on Human Rights Practices, when analysing the respect for the integrity of persons, recognise that Guyana’s laws provide for an independent Judiciary.
However, it noted, “Lengthy pretrial detention remained a problem, due primarily to judicial inefficiency, staff shortages, and cumbersome legal procedures. The average length of pretrial detention was three years for those awaiting trial at a magistrates’ court or the High Court. This often exceeded the maximum possible sentence for the crime for which they were charged.”
It was pointed out that in July 2022, the High Court freed Raymond Jones, a man accused of murder, after Jones was in pretrial detention for more than nine calendar years.
Moreover, the report highlighted instances of arbitrary arrest and unlawful detention. In 2021, the Police Complaints Authority issued its report covering 2019, which found most Police officers interviewed were ignorant of constitutional provisions regarding arrests and searches.
“The report noted that a substantial number of members of the Police Force under investigation for abuses openly violated the Constitution in the performance of their duties.”
Shortages of trained court personnel, postponements at the request of the defence or prosecution, occasional allegations of bribery, poor tracking of cases, and Police slowness in preparing cases for trial caused delays.
It added, “The law provides for the right to a fair and public trial, and the Judiciary generally enforced this right. While the law recognises the right to legal counsel, it was limited to those who could afford to pay, except in cases involving capital crimes. Although there is no formal public defender system, a defendant in a murder case that reaches the High Court may receive a court-appointed attorney.”

Inhumane treatment
Though it is prohibited by law, there were allegations that prison officials mistreated inmates.
“Prison and jail conditions, particularly in Police holding cells, were reportedly harsh and potentially life-threatening due to overcrowding, prisoner-on-prisoner violence, physical abuse, and inadequate sanitary conditions,” the report outlined.
In September, the Guyana Prison Service reported there were 2073 prisoners in seven facilities with a combined design capacity of 1373. Overcrowding was in large part due to a backlog of pretrial detainees, who constituted approximately 27 per cent of the total prison population.
“Prisoners reported unsanitary conditions and a lack of potable water, and they also complained of lengthy confinement in their cells with limited opportunities for exposure to sunlight.”
In 2018, the Government reported a study finding that prison officers physically abused prisoners and that prison conditions at Lusignan Prison were appalling and cells were unfit for human habitation. The Government conducted human rights training for 14 prison officers during the year to address the problem of abuse of inmates by prison officials. One death occurred due to injuries inflicted by other inmates.
The adult prison population contained individuals aged 16 and older. In most cases, offenders younger than 16 were held in a juvenile correctional centre that offered primary education, vocational training, and basic medical care.

Unlawful killings
The document further outlined that there were several reports of arbitrary or unlawful killings. The Police Complaints Authority investigates whether security force killings were justifiable, and the Department of Public Prosecutions pursues prosecutions.
In May, Police shot and killed Deanraj Singh. Police officials alleged that Singh was killed during an exchange of gunfire with Police. As of October 31, Police were investigating the case.
In June Police shot and killed Quindon Bacchus. According to Police officials, Bacchus was the subject of an undercover investigation regarding the purchase of black-market firearms. During the operation, Bacchus shot at the officers, who returned fire, resulting in Bacchus’s death. In July authorities arrested Police Officer Kristoff Denobrega and charged him with the murder of Bacchus. As of October 31, no date had been set for his trial.
As of October, the inquest ordered by the Department of Public Prosecutions regarding the May 2021 killing of Peter Headley had not been held.

Treatment of detainees
The law stipulates that a person arrested cannot be held for more than 72 hours unless brought before a court to be charged. Authorities generally observed this requirement. Bail was generally available except in cases of capital offenses and narcotics trafficking.
Nevertheless, “Although the law provides criminal detainees prompt access to a lawyer of their choice and to family members, authorities occasionally did not fully respect this right.”
The State provides legal counsel for indigent persons only when such persons are charged with a capital offence. The Legal Aid Clinic, a nongovernmental organisation (NGO), provides legal counsel at a reduced fee in certain circumstances, as determined by the clinic. Police routinely required permission from the senior investigating officer, who was seldom on the premises, before permitting counsel access to a client.
Meanwhile, the Department added that corruption by Police officers was frequent. In August, police officer Dion Bascom alleged that a businessman bribed members of the Guyana Police Force to foil an investigation into an execution-style killing of Ricardo Fagundes, a gold miner. As of October 2022, it stated that the Police had not investigated Bascom’s claims.