Thursday, May 14, 2026
Village Voice News
ADVERTISEMENT
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
Village Voice News
No Result
View All Result
Home News

CCJ ENGAGEMENT EXPOSES FEEBLE QUALITY OF MOHAMMED EXTRADITION PROCESS

Admin by Admin
April 1, 2026
in News
0
SHARES
0
VIEWS
Share on FacebookShare on Twitter

The Caribbean Court of Justice (CCJ) is both a Court of ‘original jurisdiction’ for all Caricom member countries and a final court of Appeal for five members countries (including Guyana) that opted to replace the Appelate Court of the House of Lords, as their final court of Appeal. CCJ consideration of the Mohammed case will be influenced to a significant extent by international legal precedents and the guidelines on extradition set out by the International Court of Justice (ICJ). In view of the high level of national interest generate by this case, the ICJ guiding comments are summarized below. The CCJ rules, it might be noted, are set out clearly in the original form, in detail and promulgated for use globally.

While the Appeal in question specifically addresses the issue of bias over the manner the case has been handled to date on the part of Government-appointed legal and political officials, the ‘original jurisdiction’ role of the CCJ gives the court sweeping powers to consider any other aspect of the case. To date, in the haste to complete extradition procedures, little or no reference has been made in the local courts to the legal substance of extradition. Accordingly, the following summary of legal principles and processes pertinent to resolving the case is provided for the benefit of interested Guyanese.

READ ALSO

Guyana-Brazil Trade Forum Focuses on Unlocking MERCOSUR Benefits

Accountability Pledge Meets Mounting Questions Over Corruption, Oversight and Inaction

The responsibility of the court is to ensure the judicial process considers the merits of the extradition request, taking into account a series of factors. Having concluded their legal considerations, the Judiciary forwards its advice to the Government for the Executive to determine whether extradition is in the national interest. The treatment of the Mohammed case suggests that those two processes have been reversed with the political commitment to extradite preceding any legal consideration of its merits. Some key factors from ICJ Guidelines to be considered are the following:

–           Is the national interest at stake rather than partisan political interest?

–          Extradition is discretionary not obligatory. No positive obligation to extradite exists in any country.

–          United States law since the 1840s has recognized extradition only where the country has an extradition Treaty with the US. Does a valid extradition treaty between Guyana and the United States exist?

–          Where a conflict of political interests is evident, the role and responsibility of the Judiciary is to protect the rights of accused citizen(s).

–          Even when an important Government official is charged with crimes against humanity the ICJ has argued for “full immunity from criminal jurisdiction and inviolability against any act of authority of another State which would hinder him or her in the performance of his or her duties”.

–          Consideration of extradition must be weighed against the issue of sovereignty.  That is, is the substance of the call for extradition sufficiently grave to take precedence over the will of the Guyanese people as expressed in elections?

–          Respecting the dignity of the country and its Parliament figures prominently in ICJ case law.

–          Linked to the last factor is the issue of timing.

–          Do financial crimes in a personal capacity – not crimes against humanity (for example, torture, terrorism, apartheid) – outweigh jeopardizing the dignity of Parliament?

When applying these considerations to the Mohammed case the following observations appear relevant:

  • Popular indignation generated by perceptions of vindictiveness to the Mohammeds played a significant role in propelling the younger Mohammed to an unprecedented victory in national elections. This resulted in his becoming Leader of the Opposition parties in Parliament.
  • The accused was elected to be the Leader of the Parliamentary opposition, which in Guyana enjoys the rank and entitlements of a Minister of Government. Does extradition for financial crimes warrant the inevitable disruption in the conduct of a validly elected Parliament?
  • Evidence suggests that financial impropriety in Guyana is not held in such high regard as to serve as a basis for extradition, thereby justifying disruption of electoral and Parliamentary procedures.
  • Prioritizing the Mohammed extradition cases involving financial irregularities in Miami over similar charges laid by the Guyana Revenue Authority is illogical unless viewed as accelerating the extradition process.
  • Further evidence of low regard for financial crimes is reflected in the Constitutional Provision that allowed the discontinuance of legal charges of this nature against two recent Presidents following their election to office. It might be argued that the regard for the dignity of the Office of the President reflected in such a provision should logically be expanded to apply to the Leader of the Opposition.
  • Should legal proceedings clear the way for extradition to take place there is no reason why it could not be postponed until after completion of the term of Parliament.
  • Pertinent to the low regard for financial criminality is the comment of then President Jagdeo in 2002 justifying the sale of Guysuco lands to Roger Khan, a drug lord, that “you can’t deny people land unless you have a conviction”.
  • Guyana does not have an extradition Treaty with the United States. In 2006 the US had to resort to snatching Khan, a convicted drug lord while on a visit to Suriname.
ShareTweetSendShareSend

Related Posts

WTC Georgetown Forum on Guyana-Brazil Trade and MERCOSUR Opportunities
News

Guyana-Brazil Trade Forum Focuses on Unlocking MERCOSUR Benefits

by Admin
May 14, 2026

A working group is to be established following a forum hosted by the World Trade Centre Georgetown in collaboration with...

Read moreDetails
President Irfaan Ali and Vice President Bharrat Jagdeo addressing the audience
News

Accountability Pledge Meets Mounting Questions Over Corruption, Oversight and Inaction

by Admin
May 14, 2026

The Irfaan Ali administration’s latest promises of accountability, transparency and fiscal prudence are already being met with skepticism against the...

Read moreDetails
Leader, Forward Guyana Movement- Amanza Walton-Desir MP
News

Walton-Desir Calls for Urgent Reform as Child Welfare Crisis Deepens

by Admin
May 13, 2026

By Mark DaCosta- On May 13, 2026, Amanza Walton-Desir, the head of the Forward Guyana Movement and its lone Member...

Read moreDetails
Next Post
(L-R) Italy Ton-Chung, FM Anthont Drayton, CM Sachin Pitamber

PITAMBER AND TON-CHUNG SET FOR IV SOUTH AMERICAN YOUTH GAMES.


EDITOR'S PICK

Chinese Vice President Han Zheng delivers a speech while attending the opening ceremony of the second China International Supply Chain Expo in Beijing, capital of China, Nov. 26, 2024. (Xinhua/Zhai Jianlan)

Chinese vice president proposes global industrial, supply chain cooperation

November 26, 2024

Caring For Others Inc. has receipts as proof of payment for land Gov’t took away

September 27, 2022

WORD OF DAY: FATUOUS

April 8, 2024
President Irfaan Ali

Guyana considers plan to refine oil in US, import fuel

March 13, 2025

© 2024 Village Voice

No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us

© 2024 Village Voice