THE report of the Disciplined Forces Commission (DFC) says the killing of supposed criminals is at best a “short-sighted approach to protecting society and the killing of innocent bystanders debases human life”.
This was the conclusion of the DFC in relation to the allegations that the Guyana Police Force (GPF) is engaged in extra-judicial killings.
“Over the longer term, the indiscriminate and lethal use of force seriously risks undermining the rule of law, and everyone’s security. People’s safety can only be truly secured by having a law enforcement service, and a criminal justice system, that work effectively in tandem to uphold the rule of law,” the Report exhorted.
With respect to the GPF the DFC recommended that during training it must be emphasised that the use of minimum force is to be preferred even in confrontation with armed and dangerous criminals.
Appropriate instruction and training should be given to members of the GPF about the circumstances under which they may resort to the use of firearms, the Report urged, adding that permission to carry firearms should be restricted to GPF members, who clearly demonstrate a high degree of responsibility, and on occasion where it is considered necessary to equip junior ranks with firearms for frontline duties. Where the responsibility element is doubtful, such ranks should be under the control and supervision of mature, responsible and experienced ranks, the Commissioners stated.
The Report noted that the fact that society often expresses satisfaction and even happiness when members of the GPF kill suspected criminals, whether in circumstances of justification or not, “indicates that Guyana has moved perilously close to accepting vigilante justice as a solution to its crime problems. This does not augur well for the social and institutional health since it represents a no-confidence vote in the overall legal system of criminal law enforcement. Therefore, urgent attention should be given to effecting improvements in the entire system of criminal law enforcement --the Police, prosecution agencies and the judiciary”.
The actions of the GPF must be premised on, or informed by their own right to act reasonably in self-defence, preferably with the use of minimum necessary force, rather than the false notion that certain types of criminals have forfeited their right to life, the Report advocated.
“It is crucially important that members of the GPF appreciate that criminals do not surrender or forfeit their human rights by their actions, however heinous,” the Report stated, adding that failure to appreciate this fuels vigilante justice.
However, the Report urged that it is important to distinguish between the use of force, which was intended to cause death and that which was not intended to cause death.
The DSC was established to examine any matter relating to the public welfare safety, public order, defence or security including the structure and composition of the Disciplined Forces, and recommend measures that would promote greater efficiency and give effect to the need in the public interest that the composition of the Disciplined Forces take account of the ethnic constituents of the population.
The members of the DSC were sworn in on June 30, 2003 and comprised Justice Ian Chang S.C., who was its Chairman; Mohabir Nandlall, Attorney-at-law; Retired GDF Brigadier David Granger, and Ms. Maggie Beirne who later resigned and was replaced by Professor Harold Lutchman, a former Vice-Chancellor of the University of Guyana.