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Last Friday, attorney-at-law Tamieka Clark was arrested and held in custody for allegedly exercising attorney/client privilege in advising her client, who was being questioned by the police, of the right to remain silent. The right to remain silent is protected in the Constitution of Guyana and outlined in Article 144 (7).
“We condemn this action and are very concerned about this assault on the legal profession” which they pointed out is a clear departure from the Constitution of Guyana which enshrines the right to silence, in the course of a criminal investigation, consistent with the advice of counsel in the matter,” said the Jamaica Bar Association, in a statement dated 28th October, 2022
The Association made known they see the action of the Guyana Police Force’s Special Organised Crime Unit as a “gross encroachment by the State” resulting in the “undermining of the rule of law and we shall remain carefully attentive in this cause.”
JBA also announced that they await the official position of the Commissioner of Police.
The Guyana Bar Association (GBA) in their statement, issued last Friday, demanded the Commissioner of Police to:
“– forthwith issue an apology to Ms. Tamieka Clarke, Attorney-at-Law;
– compensate Ms. Clarke for her unlawful imprisonment;
– launch a full investigation into the matter at hand with such necessary disciplinary action enforced swiftly including charges being laid against the offending officer(s), there being no lawful grounds for the arrest; and
– disciplinary action including termination of any officer(s) who were aware of and allowed this type of conduct.”
The Guyana Association of Women Lawyers also condemned the Police’s action. SOCU by their actions, the Women’s group said, intimidated and prevented Clarke from executing her duties to her client, and at no time should a lawyer be fearful of executing his/her duties.
The Organization of Commonwealth Caribbean Bar Associations, in a statement issued on Monday, said they received the news from the GBA, and “strongly condemns the malicious and arbitrary arrest” of Clarke. The body is calling for “immediate and appropriate action to be taken against those who took the law into their own hands to deny a citizen the right to remain silent, to punish an attorney for discharging her professional obligations, and to make a mockery of a widely recognized, well preserved and constitutionally protected right.”
The Commonwealth body is also calling on the regional bar associations, including Guyana’s “to continue to zealously protect the constitution, safeguard the rule of law, and speak out on issues impacting human rights and the administration of justice.”
