Opposition Member of Parliament (MP), Bishop Juan Edghill wants full disclosure on the persons who have been blacklisted from leaving the country by the controversial Special Organised Crime Unit (SOCU) of the Guyana Police Force (GPF).
With much concern, Edghill wrote the Chief Immigrations Officer on May 9, 2017, acting under the provisions of the Access to Information Act of 2011, for details on the identity of the individuals who were reported as being blacklisted from departing the jurisdiction.
Bishop Juan Edghill
According to reports, SOCU has blacklisted over 200 individuals from leaving the country in light of its investigations stemming from some 19 forensic audit reports submitted by Government.
Reports in another section of the media indicate a “Government source” disclosed that restrictions on travel were instituted to ensure persons who are fingered in acts of wrongdoings remain in the country to answer to the allegations.
Some of the high profile persons under the entity’s radar are former President Bharrat Jagdeo; former Attorney General and Legal Affairs Minister, Anil Nandlall; former Cabinet Secretary, Dr Roger Luncheon; among a slew of other former Government officials.
Time and again, the parliamentary Opposition has raised concerns about the operations of SOCU – particularly its deviation from its mandate and its perceived political motives.
SOCU was established to probe organised crimes under the Anti-Money Laundering/Countering the Financing of Terrorism Act but many are of the view that the entity is now tasked with conducting political witch-hunting exercises.
The most recent is its investigation and subsequent charges against Nandlall just days after the substantive Attorney General, Basil Williams threatened to have him arrested.
The question of SOCU’s new role came under scrutiny following the death of three persons, including two civilians and the Guyana Defence Force (GDF) rank, after the Army officer was involved in high-speed chase against the family members of former MP, Charles Ramon Jr.
Meanwhile, a legal mind explained to Guyana Times that the blacklisting of those 200 persons was done “unconstitutionally”. It was explained that every Guyanese are guaranteed under the Constitution to leave the country unhindered.
“That right ought not to be interfered with lightly… Clearly 200 persons have not been charged by SOCU. What that means is that there are dozens of persons who have been blacklisted based upon investigations and/or suspicions,” he stated.
According to the legal expert, in Guyana’s justice system suspicion, even at its highest, is not equal to guilt. To this end, he pointed out that to put persons on a blacklist and prevent them from leaving the country merely because they are under investigation or merely because they are suspected of being involved in some criminal offence is a violation of their constitutional right.
Furthermore, the legal mind went on to outline that when a person is charged with an indictable offence, it can be request that he or she be restricted from leaving the country but even then, the prosecutor must have sound evidence which suggests that the person is a flight risk.
“It is only when there is some evidence and reasonable evidence that the person is leaving the country having been charged with an indictable offence that a person can be restricted from leaving the country. I don’t know what evidence SOUC has but clearly the manner in which this is done is unconstitutional… because when a person is charged, remember, the Constitution also provides that a person is presumed to be innocent until he’s proven guilty. So the mere institution of a charge, at its highest, does not authorise the imposition of a restriction on persons from leaving the country,” the legal expert pointed out.
