The Barbados Bar Association has joined its other regional colleagues in expressing concerns over the arrest and detainment of attorney-at-law, Ms. Tamieka Clarke, for advising her client of the constitutional right to remain silent. The incident occurred on October 28th
The association’s statement follows-
BBA Statement on Arrest of Attorney-at-Law Tamieka Clarke in Guyana
The Barbados Bar Association (BBA) received a disconcerting report that on 28th October 2022 Ms. Tamieka Clarke Attorney-at-Law and member of the Guyana Bar Association, was arrested and detained in custody following legal advice to her client that he had a constitutional right to remain silent during the course of a criminal investigation.
The BBA notes that following this incident, statements were issued from the Guyana Bar Association and the Jamaican Bar Association both on 28th October 2022; from the Organisation of Caribbean Bar Associations issued on 1st November 2022, and from the Commonwealth Lawyers Association (CLA) issued on 2nd November 2022. On 4th November 2022, protests were held by Attorneys outside of the Guyana Police Force Special Organised Crime Unit.
The BBA respects the critical role of the Police in the society. Criminal investigations must never be impeded. At the same time, members of the public are entitled to the constitutional right to an Attorney and the constitutional right to remain silent. Upholding the Rule of Law means that all are bound by the law. The BBA expresses grave concern that in the face of these fundamental Constitutional rights, there was a clear departure from that right when Ms. Tamieka Clarke was arrested as a consequence of giving that advice to her client.
It is important to stay vigilant on this issue to safeguard the constitutional rights of both citizens and attorneys and to uphold the Rule of Law. The BBA stands with our colleagues and supports the Statements of the Guyana Bar Association, the Jamaica Bar Association, Organisation of Caribbean Bar Associations and the Commonwealth Lawyers Association.
11th November 2022
