Gov’t fails to file defence in Haitian detention court matter

…after releasing them Wednesday night

By Lisa Hamilton
According to Attorney-at-Law, Darren Wade, the Government has failed to file a defence in the court matter of the detention of 26 Haitians and whether their rights as CARICOM nationals have been violated.

Wade believes that connected to the failure to file a defence was the release of the Haitians late Wednesday night with no notification of such given to him by Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall.

“The Government would have failed to file a defence in the matter as ordered by the Court so they have not complied with the Court order and they released the persons,” Wade said.

“I’ve been calling Mr. Anil Nandlall last night on Whatsapp. He could have indicated to me that ‘Mr. Wade, we’ll be releasing the Haitians, can you make arrangements to pick them up or to find accommodation for them?’ But that was not done. Instead, they dumped them out on the street. I was sleeping and this morning I woke up and saw all of the messages.”

The group of Haitian nationals in Guyana were previously detained by the Government at the Hugo Chavez Centre.

On Wednesday night, close to midnight, they were seen huddled together with their suitcases outside the city hotel they were removed from back in November, hoping to gain entry.

Many of them are low on cash having spent what they had to purchase food while detained at the Center for about four weeks while some have complained that ranks of the Guyana Police Force took their money, totaling some US$1000, and their colognes.

Wade told the Village Voice News that the Haitians have since been able to gain room at the hotel but he will be visiting today [Thursday] to ensure that they have food and to determine their other concerns.

“They were able to get access but we will arrange different places for them because all of them can’t [stay] there…I will have to meet with them later in the day, I’m heading to Court now and I will discuss those things in relation to the monies that were stolen,” he said.

The Haitians arrived in Guyana on November 7, 2020 and were granted lawful entry. However, shortly after, they were apprehended by the police “as part of a suspected human smuggling racket and trafficking in person ring” according to the Ministry of Home Affairs.

A group was removed from the Bristol and Bristol Hotel, located on South Road, Georgetown, while another group was arrested on the Linden-Soesdyke Highway. They were taken into police custody and later detained at the Hugo Chavez Centre.

There, they complained of inhumane treatment, lack of sufficient food supply and that their valuables and cash were stolen by the police.

On December 1, 2020, Chief Magistrate Sherdel Isaacs-Marcus, at the Georgetown Magistrates’ Court, issued deportation orders for the Haitians which were requested by the GPF.

However, Wade filed a Fixed Date Application (FDA) which sought to invoke sections of the fundamental rights provision of the Constitution and this led to Chief Justice, Roxane George- Wiltshire, suspending the deportation orders until the Court decides whether their rights as CARICOM nationals have been violated. The AG was expected to submit his defence but, according to Wade, he has failed to do so.

Recently, appearing on Trinidad and Tobago’s CCN TV6, Wade said that he believes that the motivation behind the Government’s treatment of the Haitian nationals has to do with ethnicity and politics.

“When the hotel was searched, the Haitians, they were singled out. There were Cuban nationals, there were nationals from Venezuela in Guyana. Matter of fact, a few Venezuelans were arrested and were later placed on station bail despite being unlawful in Guyana. Why is it that we’re doing this to Haitian nationals?” he questioned.

“It’s a matter of ethnicity, it’s a matter of trust and the balancing of the races. These are Haitian nationals, they are black people coming to Guyana and if they stay here and gain rights to vote and so forth, they acquire citizenship and so forth, [the perception is] that they are going to support the PNC/APNU Opposition.”

However, also appearing on the same Trinidadian programme, Nandlall denied these claims. He maintained that Guyana has no capacity to handle a large influx of Haitians and noted that complaints have come from the Brazilian Government that Guyana is being used as a human transshipment point for foreign nationals.