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Chief Justice Criticises Use of Outdated Laws and Attacks on Free Speech

Admin by Admin
June 26, 2025
in News
Chief Justice, Roxane George-Wiltshire

Chief Justice, Roxane George-Wiltshire

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The Guyana Human Rights Association (GHRA) has issued a sharp condemnation of the current People’s Progressive Party/Civic (PP/C) administration, accusing it of exerting excessive political control over the justice system and other key institutions, while warning of a growing assault on freedom of expression.

In a strongly worded statement released on June 23, the GHRA pointed to the government’s refusal to confirm the appointments of Chief Justice Roxane George and Chancellor Yonette Cummings-Edwards—both serving in acting positions since 2017—as a symbol of judicial subordination to political influence. The Association also highlighted ongoing interference in the Guyana Police Force (GPF) as part of a broader effort to consolidate control over state institutions.

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The statement identified several troubling developments in recent weeks, including the filing of charges such as criminal libel, inciting racial tension, and blasphemous libel against government critics. These included former mayor of Georgetown, Ubraj Narine and Opposition Member of Parliament Sherrod Duncan, a youth who shared a controversial song on social media, and Rickford Burke v Attorney General, a United States-based activist and vocal critic of the administration. The charges, according to the GHRA, represent an alarming misuse of outdated and disproportionate laws to silence dissent.

Acting Chief Justice Roxane George-Wiltshire, S.C, last week in her ruling on Rickford Burke v. Attorney General has strongly criticised recent legal actions targeting government critics, warning that the administration of justice is being undermined by the political misuse of state institutions. Her remarks came amid mounting concern over the use of criminal charges such as defamation, inciting racial hatred, and blasphemy against opposition figures and commentators.

Chief Justice Roxane George added her voice to the growing concerns, condemning what she described as “small-minded nonsense” being brought before the Judiciary by the Attorney-General’s Chambers.

She criticised the reactivation of obsolete laws and questioned the appropriateness of the charges. Referring to the trip by a police officer to serve legal documents on Burke in New York, the Chief Justice called the action a “frolic” at taxpayers’ expense and stated plainly that the charges “should never have been laid in the first place.”

She also denounced the use of criminal defamation to protect personal reputations, calling it “unnecessary, disproportionately excessive, and not justified—particularly in a democratic society where civil remedies exist.” The Chief Justice argued that Section 113 of the Criminal Law (Offences) Act, which criminalises defamatory libel, violates Article 146 of the Constitution, which guarantees freedom of expression.

The GHRA also condemned the blasphemous libel charges laid against Skello, a youth remanded to prison over a song deemed offensive. While recognizing the material may have caused offense, the Association said that using the criminal justice system to enforce public morality should be a last resort. Instead, it suggested that the Ethnic Relations Commission could have used the moment as a teaching opportunity on societal values.

The GHRA questioned the consistency of the state’s standards on public morality, referencing the recent State Ball hosted by President Irfaan Ali and First Lady Arya Ali, where scantily dressed performers entertained guests—raising concerns about mixed messages and public sensibilities.

While acknowledging that limitations on individual freedoms can exist in any society, the GHRA emphasised that Guyana’s Constitution includes a number of outdated, overly broad restrictions that are vulnerable to political abuse. The GHRA contended that Clause 38F, which prohibits vilification of religion or religious beliefs, was singled out as a provision that enables mischief and vindictiveness.

At the same time, a society shaped by diverse religious traditions, the clause was originally intended to promote religious freedom and protect minority faiths—marking a departure from a colonial past in which Christianity was seen as the dominant and only legitimate belief system.

However, the GHRA stated “The Guyana Constitution is littered with inappropriate limitations of all kinds” and offered the view that “they should be thrown out if the long-promised constitutional reform process is ever realized.”

The Association called on state institutions and civil society to “vocally and vigorously protest the reckless degradation of all arms of the legal process.” It warned that the current situation stands in stark contrast to the legacy of Guyana’s most respected legal minds, like ProfessorJ.O.F. Haynes, Rex McKay, Sonny Ramphal, Dr. Mohamed Shahabudeen, Doodnauth Singh, Sir Lionel Alfred Luckhoo, DesireeBernard, Sir Fenton Ramsahoye, Clarence Hughes, and Dr. Claude Denbow

The GHRA concluded its statement with a call for the restoration of constitutional safeguards and judicial independence as essential pillars of democracy in Guyana.

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