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Dear Editor,
Following numerous complaints from families and friends of inmates, including citizens of Guyana and foreign nationals, the Bartica United Youth Development Group (BUYDG) has urged the Government of Guyana, in a letter dated October 01, 2024, to ensure equitable access to our judicial system. We call for the establishment or enforcement of existing laws that allow individuals charged with or convicted of crimes to receive legal representation at the State’s expense, akin to the support provided to plaintiffs.
State funds for filing appeals ends at the Guyana Court of Appeal, preventing individuals from pursuing further appeals to higher courts, such as the CCJ or other international courts. It is imperative that the Government expeditiously and urgently address this significant disparity in our legal system: While the State can appeal decisions from the Guyana Court of Appeal using public funds, individual citizens are denied this same critical rights and opportunity. This inequality undermines and threatens the impartiality essential to the rule of law and creates an inherent injustice. It also undermines fundamental constitutional, civil, and human rights, particularly the right to equal access to justice and an independent judiciary.
Moreover, we emphasize the fundamental principle that every individual facing criminal charges is entitled to legal representation during both trial and appeal. Access to competent legal counsel not only protects the rights of the accused but also enhances the judicial process’s overall effectiveness. Consistent adherence to this right is vital for fostering public trust and ensuring fairness in legal proceedings and maintaining the integrity of our judicial system.
Editor, Currently, plaintiffs receive legal representation at the Magistrate court level, while accused individuals—presumed innocent—often do not. When a ruling favors a convicted person, the State can appeal to the Caribbean Court of Justice (CCJ) at its expense. In contrast, an accused or convicted person lacks similar state support for legal representation and/or application fees, undermining their ability to challenge lower court rulings effectively.
This inequity disproportionately affects those unable to afford legal counsel, delaying their cases while others with attorneys are heard first. Causing undue hardship for those without representation. Such an imbalance infringes on their constitutional and human rights to a fair trial, due process and the rule of law, compromising the integrity of our judiciary.
Additionally,While the State provides multiple attorneys for plaintiffs, it often limits funding to just one attorney for the accused.
When an appellant receives an unfavorable ruling, the CCJ rules and the Guyana CCJ Act provide for appeals for revision. However, many individuals face financial barriers that hinder their ability to pursue these options, including application costs and legal representation.
This situation raises significant questions about the right to due process and the ability to seek redress, effectively infringing upon the legal rights of those affected. While the CCJ’s rules permit the revision of judgments, as outlined in Rule section 32.1 and related provisions, the requirement for timely application, combined with financial constraints, poses a substantial obstacle.
Our letter to the Government also pointed out that.“Just as alleged victims are entitled to state-funded representation when charges are brought against an alleged perpetrator, we believe that individuals who feel their human rights have been violated or who have not received a fair trial should similarly have the right to appeal. This includes cases concerning convictions, sentences, jury verdicts, investigations, evidential issues pertaining to the general handling and any violations of constitutional or human rights to due process and a fair trial”.
Editor, We also reminded the Government that “During an arrest, it is legal and standard practice for police officers to inform individuals of their rights, including the right to legal representation. However, despite being informed that the State will provide an Attorney if one cannot be afforded, many defendants remain unrepresented in magistrate and higher Courts as explained elsewhere in this letter. This situation disproportionately affects those charged with serious offenses”.
- (1) of Guyana constitution reads “If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law”.
Article 149D.(1) of the Guyana Constitution, States “shall not deny to any person equality before the law or equal protection and benefit of the law”.
Article-39(2)(introduced in 2001) of the Guyana Constitution stipulates that “In the interpretation of the fundamental rights provisions in the Constitution, a Court is to pay due regards to international law, international convention, covenants, and charters bearing on human rights”.
American declaration of the rights and duties of men (Adopted by the Ninth International Conference of American States, Bogotá, Colombia, 1948) among other things provides as follows:
Article II. All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
Article XVIII. Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights.
Article XXIV. Every person has the right to submit respectful petitions to any competent authority, for reasons of either general or private interest, and the right to obtain a prompt decision thereon.
Article XXVI. Every accused person is presumed to be innocent until proven guilty.
Every person accused of an offense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with pre-existing laws, and not to receive cruel, infamous or unusual punishment.
United Nations Global Declarations on human rights provides among other things as follows:-
Article I. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 6. Everyone has the right to recognition everywhere as a person before the law.
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Editor, We wish to further highlight some other keyes human rights principles that was stated in our letter to the Government, particularly regarding equality before the law, the right to effective legal remedies, and the importance of competent and independent legal counsel. These principles are fundamental to ensuring justice and protecting individual rights.
- Equality Before the Law: Stress the necessity of eliminating discrimination in legal protections.
- Right to Remedy: Highlight the obligation of states to provide effective legal remedies for violations of fundamental rights.
- Right to a Fair Trial: Underscore the critical role of competent and independent legal representation in upholding the integrity of the justice system.
- Judicial Accountability: Advocate for mechanisms to hold lawyers accountable for conduct that undermines justice, ensuring that the legal process is fair for all individuals.
- Safeguarding Counsel Independence: Reiterate the importance of allowing lawyers to operate without undue influence, ensuring that defendants receive fair representation.
Editor , In addition to constitutional and other legal provisions we wish to reiterate Article 7 of the Universal Declaration of Human Rights states that all individuals are equal before the law and entitled to equal protection against discrimination. Furthermore, Article 8 affirms everyone’s right to an effective remedy by competent national tribunals for violations of their rights.
Additionally, Section 72 of the United Nations Counter-Terrorism Implementation Task Force Basic Human Rights Reference Guide emphasizes that for the right to a fair trial to be effectively guaranteed, legal counsel must be both independent and competent. The Human Rights Committee has indicated that a state cannot be held accountable for a defense lawyer’s conduct if it is manifestly clear to the judge that the lawyer’s actions are incompatible with the interests of justice. Instances of manifest incompetence, such as a lawyer withdrawing an appeal in a death penalty case without consulting their client, are unacceptable.
Moreover, the Committee has underscored the necessity for lawyers to operate without undue influence, ensuring that they can represent their clients according to recognized professional ethics.
The disparity highlighted in our letter raises serious questions about the fairness and equity of our justice system. Access to justice is a fundamental right, and it is crucial that all individuals, regardless of their financial situation, are afforded the opportunity to seek judicial review.
It is essential that we address these barriers to ensure that all individuals have equitable access to legal recourse. Upholding the principles of justice requires that we provide support for those who cannot afford to navigate the complexities of our judicial system.
We urge the Government to address these critical issues to uphold justice and fairness for all individuals within our legal system.
Yours truly,
Ms.Roseann Clarke,
Public Relations Officer and acting General Secretary
Bartica United Youth Development Group