That extradition treaty
Editorial
Kaieteur News
March 11, 2007
The recent arrest of Guyanese Peter Morgan in Trinidad highlights the fact that all may not be well with the extradition treaty that exists between Guyana and the United States of America . That treaty came with Guyana 's attainment of Independence in 1966.
It was a treaty between the United States and Great Britain . With Guyana being a British colony the treaty applied and continued in place with independence.
Through that treaty, the United States needed to make out a prima facie case against the person it wanted and there have been cases where this country posted wanted criminals to the United States .
Over the past two years the United States has been signaling its intention to have Guyanese extradited. In one case it sent 14 sealed indictments but to date nothing more has been heard. We in this country are still at sea about the identity of those needed by the US .
We knew that the US sought the extradition of three Guyanese last year and that the local police failed to apprehend these men. In the end one of them was arrested in Trinidad and Tobago and whisked off to stand trial there. That matter is still engaging the attention of the courts there. But of the others, nothing is known and this seems to be a dead end.
Perhaps the fact that the more recent requests have failed to result in the anticipated action may have something to do with the manner of the recent arrests. It is as though the US has given up on asking Guyana for people that it wants.
And in the wake of the apparent surrender, the US has resorted to apprehending such persons outside of these shores. To date they had nabbed Raffel Christopher Douglas, Shaheed Roger Khan and now Peter Morgan, all in Trinidad . They have been able to extradite Douglas and Khan without too much fuss.
The arrest of Douglas and Khan did not go down well with Guyanese legal experts. And indeed some of them in neighbouring Trinidad were equally angry. Douglas did appear in a Trinidad court but he had entered the country illegally therefore he was outside the jurisdiction of the Trinidad courts so he was duly extradited.
Khan was a slightly different kettle of fish. He was shipped to Guyana but the aircraft had to go to Trinidad before it could come to Guyana . The Trinidad immigration authorities refused to accept him so he too was not legally in the country and was therefore fair game. He too was smuggled out of the twin-island republic.
This time there is Peter Morgan. He was legally in the country and had it not been for his lawyers there he too would have been whisked away to the US . This brings to mind the fact that these people are deemed to be wanted by the US but that country is making no move to seek the cooperation of the Guyana Government. Something must be wrong.
One would expect that a country would always deal with another country when citizens of one country are involved. A treaty is a one-sided arrangement. Guyana cannot demand of the United States to extradite a criminal at the request of Guyana .
We have noted that there is no reason for the United States to have to resort to abducting people it might need in connection with some criminal enterprise. We had a recent case where Attorney General Janet Reno sought a Guyanese and got him although the case went all the way to the Guyana Court of Appeal.
And when an American had come to this country after killing a woman in Boston he was sought for extradition and duly shipped back home to face the penalty. No one can say that Guyana is reluctant to extradite people but its legal minds insist on the rule of law. The present action by the US would suggest that it wants these people at all costs and is prepared to take the easy way out.
We cannot help but note that the treaty with Trinidad and Tobago offers a more than easy way out since the US only has to show probable cause. Probable cause is never enough to restrict a man's liberty but the message is clear to all who may be under the American microscope. Refrain from even contemplating leaving Guyana and avoid Trinidad at all costs.
The Americans certainly have a network in the region keeping an eye on all whom they suspect of dealing in illegal drugs.