The Rights of the Child Commission on Friday expressed outrage over the promotion of the two police officers who brutally tortured a 15-year-old boy back in 2009 while he was in police custody. The constitutional body wants the promotions rescinded.
The boy was badly burnt on his genitals during questioning by the police in connection with an investigation. He was never charged with any offence.
In a statement, the Commission said it “views with alarm, the recent promotion of two policemen, both of whom, were found to have tortured a child. After a careful assessment of the facts relating to this case, the Commissioners concluded that these promotions constitute a significant departure from the spirit and intent of Article 19 of the United Nations Conventions on the Rights of the Child which establishes the right of the child to be free from hurt both in body and mind.”
According to the body, the Commissioners noted, that in addition to its breach of the UNCRC, the promotions also collide violently with Guyana’s treaty obligations under the UN Convention Against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
“The Commissioners reviewed the fact that the culpability of the policemen in question is beyond dispute, in view of the findings of the GPF’s own Office of Professional Responsibility and the decision by Justice Roxanne George in a civil case.”
The body said it is unconvincing the pronouncement that the two policemen would have undergone sufficient censure. The Commissioners said the malevolence and depravity of torture, constitutes the worst form of human rights infraction.
“Thus, the Commissioners concluded that, such malevolence and depravity, when imbued into the promotion equation, abolishes any legitimate and meritocratic prospect of promotion. The Commissioners mentioned that the singularity of the infraction does not in any meaningful way depreciate its depravity”, the release said.
The Police Complaints Authority in defending the promotions, noted that other than the torture case, the two men had an “unblemished” record in their police career.
Home Affairs Minister Clement Rohee distanced himself from the promotions and made it clear that it would have been the Police Commissioner who would have made the recommendations for the promotions to the Police Service Commission.
Meanwhile the Government of Guyana is trying to backpedal on a statement made by the Cabinet Secretary that the Government had no problem with the promotion. The Attorney General in a statement of his own said the Cabinet Secretary’s statement was in reference to the process that resulted in the promotion of the two men and not the decision to promote them.
A number of other groups have criticised the Police Service Commission over the promotions.
SEE Full Statement by Rights of Child Commission below:
The Rights of the Child Commission, views with alarm, the recent promotion of two policemen, both of whom, were found to have tortured a child. After a careful assessment of the facts relating to this case, the Commissioners concluded that these promotions constitute a significant departure from the spirit and intent of Article 19 of the United Nations Conventions on the Rights of the Child which establishes the right of the child to be free from hurt both in body and mind.
Moreover, the Commissioners noted, that in addition to its breach of the UNCRC, the promotions also collide violently with Guyana’s treaty obligations under the UN Convention Against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
The Commissioners reviewed the fact that the culpability of the policemen in question is beyond dispute, in view of the findings of the GPF’s own Office of Professional Responsibility and the decision by Justice Roxanne George in a civil case.
The Commissioners deemed as unconvincing the pronouncement that the two policemen would have under gone sufficient censure. The Commissioners posited that the malevolence and depravity of torture, constitutes the worst form of human rights infraction.
Thus, the Commissioners concluded that, such malevolence and depravity, when imbued into the promotion equation, abolishes any legitimate and meritocratic prospect of promotion. The Commissioners mentioned that the singularity of the infraction does not in any meaningful way depreciate its depravity.
The Commissioners also found as unconvincing the reference to chapter 17:01 of the Police Act, as the decision by Justice George effectively took this matter beyond the confines of the Police Act and showed that the High Court of Guyana found this infraction to be repugnant to the Constitution of the Cooperative Republic of Guyana as well as to the international treaties to which Guyana is a signatory.
The Commissioners reviewed the fact that ever since the unveiling of the Disciplined Forces Commission’s Report, the Guyana Police Force has embarked on a process of reform. Such has included ventures of community engagements, partnership with youth based NGO’s etc. These endeavours are to be commended. However, the promotion of policemen found linked to the torturing of a child will undermine the process of reform and will moreover corrode public faith in the police to effectively discharge their mandate, centred on service and protection. In a word, these promotions are not in the interest of the GPF, and as a significant corollary, not in the interest of law and order.
Also, the commissioners have noted that at the recent Universal Periodic Review Working Group meeting in Switzerland, statements of concern have been raised about the prevalence of police excesses in Guyana. Such promotions will only serve to aggravate and entrench further international concern.
The Rights of the Child Commission, at a minimum, calls for the immediate rescinding of these promotions.
Filed: 30th January 2015
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