‘Blue wall of silence’ protects police killings
-Disciplined Forces Commission told
By Andre Haynes
Stabroek News
August 30, 2003
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Special units such as the `Black Clothes’ and `Fountain Base Squad’ continue to commit atrocities with relative impunity because they are protected by a “blue wall of silence” and mechanisms within the Police Department.
So says the President of the University of Guyana Student Society (UGSS) Robert Bourne, who asked members of the Disciplined Forces Commission of Enquiry yesterday to consider disbanding these units in favour of specially- trained professional squads.
These are among the recommendations which were submitted to the Commission by the UGSS in the wake of the shooting on March 1, which left 17-year-old university student Yohance Douglas dead. Douglas died after police officers belonging to the `Fountain Base Squad’ opened fire on a car in which he was travelling with four other teenagers. Another student Ronson Grey was critically wounded during the incident.
After the shooting Bourne said the machinery which protects such operatives and allows them to continue to operate in such a manner began to work. In this instance he pointed out that the Police Force issued a press release saying there was a “confrontation” between the teenagers in the car and the Police, although eyewitness accounts had indicated otherwise. At the Georgetown Public Hospital, where the injured were rushed, he said a policeman was waving a dreadlocked wig, intimating that one of the teens had had a disguise.
“Apart from trying to frame the boys in the car [they] also tried to give a negative impression of persons who have dreadlocks...”
said Bourne, who observed that this situation created in society a difficulty of deciphering the police from bandits.
“We can’t tell the difference [when] officers are allowed to kill unreasonably [in] a system which protects them.”
He advocated the creation of specially-trained units, which would place greater emphasis on the gathering, handling and dissemination of intelligence in police investigations. Though admitting his limited knowledge on the rules of engagement governing these units, he said in the present situation a response by these groups, more often than not, resulted in shootouts.
“You don’t seem to have the problem with an elite squad generally. {But] do you think that the elite squads breed that sort of attitude?” asked the Commission’s legal adviser Bertlyn Reynolds.
“It could.”
“...And having regard to that, how do you suggest... You say replacing by professional/well-trained squads? Do you have any suggestion in relation to the personnel and training?”
“Young men from the police training school [who must] be exposed to extensive training.”
“Why would you choose young persons?”
“My view is that the persons who have years of experience in the GPF, some of them have been conditioned to operate in a particular way with respect to the law and we don’t want the same people.”
Asked by the Chairman of the Commission, Justice of Appeal Ian Chang, to consider that such squads, because of their being placed in the forefront of crime fighting, were more likely to be accused of unlawful killings, Bourne acquiesced.
“There would have more killings than the ordinary members of the Police Force?”
“I wouldn’t say so. I think it depends on the purpose of the squad. If the purpose is to kill I would expect that [but] if the purpose is to apprehend...”
“But if the purpose is to confront criminals, you would say it is likely to have more killings?” Chang questioned, noting that the very nature of their duty would expose them to a greater likelihood of being killed.
“Yes, sir. Though it depends on the circumstances... if you were to shoot a man in his sleep...”
Aside from the disbanding of these controversial units, the UGSS recommended the reconstitution of the Police Complaints Authority into an independent body, not answerable to any political grouping and without the involvement of police personnel. By his estimation the PCA was inadequately equipped to properly investigate the March 1 incident in particular and although he said he had no evidence, he held the view that the body is likely to be subject to political interference. He considered also that there was a need to strengthen the PCA in order that it have the power to enforce its recommendations.
The UGSS also called for the appointment of Commissioner designate Winston Felix as Police Commissioner, since present Commissioner Floyd McDonald had proven incompetent.
However, when asked by Chang to consider whether the Commissioner might be capable of doing the work, but too weak to, Bourne conceded that this could be a factor. Moreover, he considered that the statutory power of the Minister of Home Affairs over the office of the Commissioner might result in what he called a “confusion of authority” within the Police Department. As a result he said it was necessary for the role of the Minister to be re-examined.
The other recommendations of the UGSS are that there be an international investigation involving the United Nations into unlawful extra-judicial killings, summary execution and police brutality in Guyana; and that the Office of the Director of Public Prosecution recruit the services of high-powered attorneys capable of adequately representing the interest of the State.
Also testifying at yesterday’s hearing was Herbert Kassim, who is a resident of Cummings Lodge, and who complained of the noise nuisance which residents of his community have suffered over the last two and a half years with blaring music boxes until early hours in the morning. He said the police response had been poor.
Often the argument by such persons is that they have been granted permits by the police to play their music. But he said this often continues well into the night, over any time outlined in such orders.
Kassim also mentioned that he did get some action in some cases when the police were called and they warned the offenders, however he considered that this is never enough and the perpetrators would often restart soon after.
The Commission of Enquiry, which was set up by the National Assembly, has been mandated to review the operations of the Disciplined Services. It is to give priority to its investigation of the operations of the Police Force, and will submit a report of its findings and recommendations to the Assembly.
Justice of Appeal Chang is chairman of the Commission which also comprises former Attorney General Charles Ramson SC, former National Security Adviser, Brigadier (rtd) David Granger, attorney-at-law, Anil Nandlall and Irish human rights activist, Maggie Beirne.