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Apr 18, 2016 News
– Measures to address this should be a matter of urgent consideration
“Starting from the Police Station, through trial, to commuting, pardoning or parole, there is little consideration for the victims of crime…” – Ramkarran
“The mercy that is entrenched in our laws and consciences should be tempered with the justice of a hearing accorded to victims…It would be a major step for our society and judiciary to take on board the rights of victims.”
That is the view of veteran politician Ralph Ramkarran as reflected in his most recent online column.
He believes that there are ample provisions in the Constitution that cater for and consider mercifully the plight of a prisoner while little consideration is in place for victims.
President David Granger recently appointed an Advisory Council on the Prerogative of Mercy.
The council has been given the charge to lead with the teachings of the spirit of mercy and compassion.
The newly sworn in members of the council are Dr. Carl Hanoman, Justice Duke Pollard, Former Minister of Information; Yvonne Harewood- Benn, Merle Mendonca and Justice James Patterson.
Ramkarran pointed out that the Council has constitutional responsibility only in relation to persons who have been sentenced to death.
But article 190 of the Constitution, which provides for its functions, omits to state what exactly in relation to the sentence of death the Advisory Council is to advise on, even though as a matter of practice it is known that the Advisory Council advises on the commuting of death sentences.
The veteran politician said that article 188 gives the President extensive powers in relation to prisoners. After consultation with the Minister, the President may grant to any convicted prisoner a free or conditional pardon, an indefinite respite or for a prescribed period, a less severe form of punishment or a remission of the whole or part of a punishment.
He said too that the Parole Act makes provision for the release of convicted prisoners on parole. It also provides for the appointment of a Parole Board to advise with respect to the release on licence or recall of a person whose case has been referred to the Board.
Despite all these provisions to benefit perpetrators, Ramkarran pointed out that there is no provision in the Constitution for the President or the Advisory Committee, or in the Parole Act for the Parole Board, to take into consideration the views of the victims of the crimes or their families or relatives.
Ramkarran said that such an omission is grave, and has been an historic, injustice in Guyana and many other countries where the victim of crime is given short shrift and little consideration.
“Starting from the Police Station, through trial, to commuting, pardoning or parole, there is little consideration for the victims of crime.”
“Wholesale criticisms against the Police would be unjustified because some victims are treated with courtesy and respect and the Police have carried out training in relation to victims of sex offences and domestic violence. But numerous complaints of contemptuous treatment of victims by the Police suggest that training in how to treat victims needs to be consistent and ongoing.”
The former Speaker of the National Assembly also pointed out that when matters reach trial stage there is little protection for victims from aggressive or hostile questioning by defence counsel.
In fact, Ramkarran said that some inexperienced magistrates and judges are known to lose their patience with victims who are witnesses and join with defence counsel in harassing them.
He admitted that it would be difficult to legislate against this but said that training of magisterial and judicial officers coupled with public education of victims of their rights and the protection that they are entitled. Ramkarran said that there should be matters of urgent consideration.
“At the justice level consideration of victims is woefully lacking. Sentences are handed down from murder, manslaughter causing death by dangerous driving and sex offences to wounding, assault, robbery and fraud where victims are never heard and their pain and suffering never recorded or considered by the court before imposing sentence. There is no law in Guyana requiring courts to hear victims before passing sentence,” said Ramkarran.
He pointed out that when sentences are commuted or prisoners are released by pardon or parole, there is no legal provision for evidence from or consultation with families or relatives for their views to be taken into consideration.
“Families get no opportunity provided by any statute to speak to magisterial or judicial authorities, or the Advisory Tribunal, President or Minister. Families themselves are victims in a sense – victims of a system that has too long ignored their rights.”
The former PPP stalwart said, “We recently witnessed the pain of the parents of Vishnu Bhim, an only child, whose killer, Ravindra Deo, was pardoned by President (Donald) Ramotar after serving 21 years in prison. It was such a clear case that after adamantly defending his decision, President Ramotar relented and later expressed regret at not consulting the parents.”
Ramkarran also pointed out the fact domestic violence often results in the death of a partner, usually the wife, reputed wife or girlfriend. He said that the husband who is charged may be either found guilty or pleads guilty to a lesser offence.
“We often hear that the parties have children. The children are victims too but any consideration that might be given to children is at the discretion of the judge. There is no requirement that the children be heard in chambers with a counselor present or that their welfare be otherwise considered. Quite often magistrates and judges do ask for probation reports but these are at the discretion of the magistrate or judge, even in the case where children are involved.”
Ramkarran said that it would be a step in the right direction if Guyana pays more consideration to victims.
(Abena Rockcliffe-Campbell)
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