By Mark DaCosta- In an appeal to the President of Guyana, other government officials, judiciary officers, and local and international organisations, the Bartica United Youth Development Group (BUYDG) has called for urgent action to address the plight of individuals who have served over 18 years in prison. The letter, dated December 2, 2024, draws attention to a landmark legal ruling made by the late Chief Justice Ian Chang in 2012. This ruling established a critical precedent in Guyanese law, which must now be fully implemented to ensure justice, fairness, and respect for human dignity, the BUYDG states.
The letter highlights a compelling legal argument concerning individuals who have been incarcerated for extended periods, some for over 30 or 40 years, and asserts that their continued detention may violate both domestic and international human rights laws. Specifically, the BUYDG invokes the precedent set by Chief Justice Chang’s ruling that an individual who has served 18 years or more of a prison sentence should be considered as having completed a life sentence under Guyanese law. This ruling, which has not been overturned or amended, has yet to be fully applied to all relevant cases, despite its significant implications.
The 2012 ruling addressed the issue of death sentences. In his ruling, Chief Justice Chang commuted the death sentences of several prisoners, including Muntaz Ali, Noel Thomas, Lawrence Chan, and Vivekanand Singh, on the grounds that they had already served 18 years or more in prison. The commutation was grounded in the principle that, after 18 years of incarceration, a prisoner’s sentence should be treated as a life sentence. This decision, according to the BUYDG, should be uniformly applied to other prisoners who have served similar periods.
The Bartica United Youth Development Group now calls for a thorough review of the cases of individuals who have served more than 18 years, particularly those sentenced to life imprisonment or death. In their view, the review should consider whether these individuals are entitled to immediate release or resentencing in line with the binding ruling of Chief Justice Chang. “The continued incarceration of individuals who have served more than 18 years may not only be a breach of their constitutional rights but also a possible violation of binding case law,” the letter states.
BUYDG’s formal request outlines four specific actions for the Government of Guyana and the judiciary. First, they seek an immediate and comprehensive review of the cases of individuals who have served more than 18 years. Second, the group insists that those who have served the equivalent of a life sentence should be released without further delay, asserting that their continued detention constitutes unlawful imprisonment.
Third, the letter calls for the resentencing of individuals who have been over-incarcerated, including the commutation or reduction of their sentences in accordance with the precedent set by Chief Justice Chang. Finally, the group demands compensation for those who have been unlawfully detained beyond the 18-year threshold, arguing that these individuals are entitled to both financial and social restitution.
The letter further highlights the constitutional and international human rights implications of prolonged detention beyond the 18-year period. According to the group, the failure to address this issue not only breaches the Constitution of Guyana, which guarantees the right to a fair and timely hearing, but also violates international human rights conventions such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These agreements prohibit cruel, inhuman, or degrading treatment, and unlawful imprisonment.
The BUYDG also invokes Guyana’s commitments under the American Declaration of the Rights and Duties of Man and the United Nations Universal Declaration of Human Rights, both of which guarantee equal protection under the law and the right to an effective remedy for those whose legal rights have been violated. “The continued possible unlawful imprisonment of individuals who have already served 18 years may constitute a violation of these fundamental human rights,” the letter stresses.
The group also lists the names of individuals who were previously granted parole under the precedent established by Chief Justice Chang, all of whom have reintegrated into society without returning to prison.
However, the BUYDG draws attention to a troubling group of inmates whose cases remain unresolved. These individuals, whose death sentences were commuted to life imprisonment in line with Chang’s ruling, continue to endure incarceration despite having served sentences far beyond the 18-year threshold. The group lists the names of several such prisoners. Tragically, some individuals have passed away in prison without benefiting from the ruling.
The Bartica United Youth Development Group calls on the Government of Guyana and other concerned groups and individuals to prioritise this issue, stressing that action is essential to uphold the integrity of the legal system. The letter concludes by appealing for justice, fairness, and the preservation of human dignity for those affected by prolonged and possibly unlawful imprisonment.
