The Village Council of Kanapang has instituted legal proceedings against the State over what it sees as the “unlawful arrest, detention, prosecution, conviction and imprisonment” of 27 Brazilians in violation of both domestic and international human rights laws.

The village Council is seeking redress for alleged violations against the Brazilian nationals.

The Brazilian nationals were arrested on or about November 12, 2025 in the Village of Kanapang – an indigenous community located in the North Pakaraimas, Region Eight – and charged with illegal entry, and illegal mining.

But in a statement, the Village Council, through its Attorney Darren Wade, alleged that officers of the Guyana Defence Force, the Guyana Geology and Mines Commission (GGMC), and the Guyana Police Force entered the titled lands of Kanapang without its approval, and without a warrant or notice in breach of the Amerindian Act.

According to the Attorney, when the cases against the accused were first called in the Mahdia Magistrate’s Court In November, a number of the Brazilians pleaded guilty and were sentenced to six months imprisonment, while the others were remanded.

The pending matters have since been adjourned to January 29, 2026.

However, Attorney Wade contends that the State did not provide the accused with appropriate translation services as required during the Court hearings.

“Based upon our instructions and understanding from the time of the arrest, the accused persons were unable to properly understand the language spoken in court, as they are fluent in Portuguese and do not sufficiently understand English. Based upon further instructions and understanding, the interpreter presented by the State was speaking Spanish, and the accused did not sufficiently understand the proceedings before them,” Wade said.

He said while there was an interpreter present during the first hearing, none was presented by the Prosecution on December 12, 2025, resulting in the matter being adjourned to January 29, 2026.

Mr. Wade said failure to provide interpretation services throughout the proceedings is unlawful and constitutes a direct violation of domestic law and international human rights law including the International Covenant on Civil and Political Rights, and the Constitution of Guyana.

“The arrest, detention, prosecution, conviction, and imprisonment of the affected persons under these circumstances are unlawful and amount to arbitrary detention. These actions are particularly egregious where prosecutorial authority has not been demonstrated or lawfully established; accused persons were unable to understand the proceedings due to language barriers and the absence of competent interpretation; and custodial sentences of up to six months imprisonment have been imposed in circumstances fundamentally inconsistent with due process and fair trial guarantees,” Wade said.

He said as a result of those actions, the Village of Kanapang strongly believes that the State has committed multiple breaches of constitutional, statutory, and international law, including the Fundamental Right to Personal Liberty, the Right to Freedom of Movement, the Right to Equality and Equal Protection of Law and the Protection of the Law Right, all guaranteed under the Constitution of Guyana.

Wade said the Embassy of Brazil has been in contact with his firm regarding the matter, and based on the established grounds, the Village Council instituted legal proceedings against the State seeking redress for the alleged violations.

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