By Mark DaCosta- Opposition Leader Azruddin Mohamed and two members of his staff remained in police custody on Wednesday, October 14, as his We Invest in Nationhood (WIN) party alleged that they were denied medical attention and subjected to troubling detention conditions. The party announced a protest at the Kitty Police Station for 6 p.m. Wednesday.
At a press conference, WIN representative Duarte Hetsberger alleged that Mohamed had access to legal counsel but was denied medical attention. He claimed Mohamed complained of being assaulted and requested Panadol, but the request was refused. Hetsberger also alleged that the party had to supply cardboard for the detainees to lie on rather than remain directly on the floor.
The allegations have not been independently verified, and the Guyana Police Force’s response was not available at the time of writing.
What the law says
The allegations raise questions about the state’s responsibility to protect the health and dignity of people in custody.
Article 141 of Guyana’s Constitution protects individuals against torture and inhuman or degrading punishment or treatment. Article 139 protects personal liberty, subject to the conditions and exceptions set out in the Constitution.
Guyana is also bound by Article 10(1) of the International Covenant on Civil and Political Rights, which states:
“All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”
The United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules, further establish that healthcare is a state responsibility and that prisoners should receive the same standards of healthcare available in the community.
These standards underscore that detention does not remove a person’s right to humane treatment or access to necessary medical care. Whether the alleged conduct in this case breached any legal obligation would depend on the evidence and the circumstances established through an appropriate investigation.
WIN’s planned protest is expected to focus on the continued detention of Mohamed and his aides and the party’s concerns about their treatment. The police have responsibility for the welfare of people in their custody, and a clear response to the allegations would help establish the facts.
Correction and apology
An earlier report by this publication stating that Mohamed had been released from police custody on Wednesday afternoon was erroneous. Mohamed and the two other men remained detained, according to information subsequently confirmed by the Opposition office.
The publication regrets the error and apologises to the public for the misrepresentation.
