Pro-democracy activists charged, for court today

…Nandlall exposes selective application of COVID-19 order for political purposes

The recent decision of the Guyana Police Force (GPF) to break up a protest in front of the Foreign Affairs Ministry and arrest participants, who were all in compliant with social distancing has led some to call it a suppression of the right to assembly and freedom of speech.

During the protest, participants wore masks and observed social distancing rules

The protest was against the Government’s blocking of the Carter Center observers from coming into Guyana to observe the national elections recount.
On Wednesday, it was revealed that the protesters, who were arrested and later released on station bail, have been charged. One of the persons who was charged on Wednesday is former Director of Sport and former People’s Progressive Party/Civic (PPP/C) Member of Parliament, Neil Kumar.

Former AG Anil Nandlall

According to the particulars of the charge, he is alleged to have breached No 2 (1) restriction on social activities in the COVID-19 emergency measures. The charge reads that he “hosted a meeting of a fraternal civic organisation”.
Kumar is scheduled to appear in Court Two at the Georgetown Magistrates’ Courts at 09:00h. He is being represented by Attorney-at-Law Glenn Hanoman. Guyana Times was told that another person who was in the vicinity but not part of the protest was also arrested by Police and charged.
In an interview with this publication, former Attorney General and PPP/C Executive Anil Nandlall called out the selective application of the emergency orders. According to the former Attorney General, the COVID-19 orders are being abused for political purposes, in order to suppress the right to assembly.
“My information is the participants in that exercise were observing COVID protocols. Secondly, they were exercising a right to peacefully protest, a fundamental right specifically guaranteed to the citizens of this country by the Constitution. And once that right is being exercised, there is no COVID regulation that can take precedence over that right. Those charges are unconstitutional and constitute an abuse of power,” Nandlall said.
“Every day in this country, routinely, people are violating those protocols. You will recall that when I was appearing in court in relation to the election matters, every day in front of the High Court, there were dozens of APNU [A Partnership for National Unity] supporters at the barricade, hurling abuse and expletives at me, in the presence and hearing of dozens of policemen, women and the media. The COVID protocols were already in place, but not a single person was arrested and charged.”
The former AG also criticised the unnecessary implementation of bail against Kumar. According to Nandlall, the Police cannot have any reasonable suspicion that Kumar is a flight risk and thus, placing him on bail was an unjust measure. He noted that bail was not supposed to be used as a punitive measure.

Police defence
In defence of the GPF’s actions, Public Relations Officer (PRO), Superintendent Jairam Ramlakhan told this publication the COVID-19 emergency measures order was published by the Government in April and was scheduled to last until next month unless extended.
“The order (outlaws) assemblies. So, if the order says only a certain number of persons can gather at one time, you can’t have protests. How can you have that? The order is the order… it is there for you to judge,” he said, in in a brief interview with this publication.
Section one of the order, which was signed by caretaker Public Health Minister Volda Lawrence, states “except as otherwise provided in this Notice every person shall remain in the confines of his or her home and its yard space.”
Section two lays out the various restrictions on “social” activities. The closest correlation that can be drawn to protests is section 2m, where restrictions are placed on “a meeting of a fraternal society, private or social club or civic association or organisation; or (n) any other social activity.”
On May 16, scores of protesters demonstrated in front of the Foreign Affairs Ministry, calling on the caretaker APNU/Alliance For Change coalition Government to allow the Carter Center to return to observe the national election recount.
Three of the protesters were arrested by ranks of the GPF, who claimed that the protesters breached the Public Health Ordinance in relation to COVID-19. They were subsequently released on $20,000 station bail each.
PPP General Secretary Bharrat Jagdeo, during a virtual press conference on Saturday, had contended that the protesters were adhering to all the safety protocols, such as wearing masks and practising social distancing.