Dear Editor,
There is no treaty allowing magistrates or courts of Guyana to issue summons to people on American soil. Superintendent Sarabo was not issued powers or a special visa by USA Embassy in Georgetown to serve an American with a warrant. Has he violated American visa laws and will actions be taken against him?
Much was written in all the papers on “service process” of summons to one Rickford Burke in USA to appear in court in Guyana. The writings, not unexpectedly, were racially and or politically polarized. Indian writers support the government position that Burke was properly served. African writers support Burke’s position that he was not served. There was/is also political partisanship. Members and supporters of and politicians aligned with PPP feel Burke was properly served and they also feel he is guilty of charges filed by the Guyana police or government.
Members and supporters of and politicians aligned with the PNC (APNU/AFC) take the complete opposition position. American and international laws were violated in the service process of the summons; these will have to be addressed by USA government and the Embassy of USA in Georgetown if wishes to pursue the matter. On whether process service was actually effected on Burke will ultimately be decided by Supreme Court in Guyana. If the Magistrate on the date of the hearing feels legal, proper service was not effected, he or she could discontinue the hearing and there would be no need for Supreme intervention to decide the matter.
There is no law in any sovereign state that empowers a magistrate (or judge) of another state to order service of a summons in that sovereign state. The magistrate is empowered to issue a summons (or even warrant for arrest) if within the law but cannot instruct a police officer or a service processor of another state to serve it or to arrest a wanted person. In traveling abroad to serve a summons on Burke, officer Rodwell Sarabo (perhaps unknowingly) violated international law as well as American law. His American partner, Mark Wasserman, perhaps also unknowingly, violated American laws; Wasserman was paid to witness the service and probably was paid quite well by Guyana government. They both can be prosecuted because they committed a serious criminal offense noted below.
American law prohibits anyone from acting as an agent of a foreign government to harass, intimidate, bully or arrest Americans and by extension servicing summons. Several Chinese were arrested in USA and prosecuted for violating American laws in going after (Chinese) individuals on American soil. The penalty includes a hefty fine and up to ten years in jail. It is up to the USA government on whether it wishes to pursue the matter of Sarabo and Wasserman. Since it is a one time offence, it is unlikely the USA will pursue actions. But to prevent a re-occurrence, USA should launch an investigation since the rights of an American citizen were violated and one media letter said guns were drawn on Burke that would make it an even more serious offence.
Besides American civil and or criminal, Sarabo also violated US Immigration visa rule. The USA issues various types of visas depending on the purpose of going to USA. Most Guyanese seek visitor or tourist visa but some also obtained student, work, fiancé, and business visas. One cannot violate the type of visa issued or the visa could be cancelled. And several Guyanese with tourist visas are known to have their visas cancelled because they used it to (illegally) work in USA. I am told that Sarabo traveled to USA on a tourist visa to effect the service of the summons. That would violate American visa law. The USA Embassy should investigate and take appropriate action that could include cancellation of his visa as a warning to others who feel they can violate American laws unpunished.
Yours truly,
Jeffrey DaSilva
