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En GUYANA | Bar Assn Demands public apology, dismissal of police complicit in arresting lawyer
GUYANA | Bar Assn Demands public apology, dismissal of police complicit in arresting lawyer
Georgetown, Guyana, October 28, 2022 - The Guyana Bar Association is demanding a public apology from Police Commissioner Clifton Hicken to attorney-at-Law Ms Tameika Clarke, after she was unlawfully arrested today by the Guyana Police Force’s Special Organised Crime Unit (SOCU), for properly advising her client to exercise his constitutional right to remain silent.
Attorneys-at-Law Nigel Hughes and Tamika Clarke.
In addition, the Bar Association has demanded disciplinary action, including termination of any officer(s) who were aware of and allowed this type of conduct to take place.
The following is the full text of the Bar Association’s Statement:
STATEMENT BY THE BAR ASSOCIATION OF GUYANA
REGARDING ARREST OF ATTORNEY-AT-LAW
The Rule of Law and the fundamental right to Counsel are stated to be hallmarks of a democratic society. Today the actions of the members of the Guyana Police Force’s Special Organized Crime Unit (SOCU) towards our colleague, Ms. Tamieka Clarke, Attorney-at-Law sought to destroy these foundations of our democracy.
It has come to our attention that around 10am today, Friday 28th October, 2022, our colleague, Ms. Tamieka Clarke, Attorney-at-Law and member of the Association was arrested and kept in custody by members of the Guyana Police Force’s Specially Organized Crime Unit.
From all indications, this arrest was prompted by the Attorney-at-Law’s advice to a client to exercise his constitutional right to remain silent and follows a threat made to the Attorney-at-Law earlier this week that she would be arrested if her client does not give a Statement to the Police on a matter they are investigating.
The Bar Association unreservedly and unequivocally condemns the actions of the Guyana Police Force. Such action is disturbing, perverse, unlawful, oppressive and wholly unacceptable.
We call on the Commissioner of Police to:
- forthwith issue an apology to Ms. Tamieka Clarke, Attorney-at-Law;
- compensate Ms. Clarke for her unlawful imprisonment;
- launch a full investigation into the matter at hand with such necessary disciplinary action enforced swiftly including charges being laid against the offending officer(s), there being no lawful grounds for the arrest; and
- disciplinary action including termination of any officer(s) who were aware of and allowed this type conduct.
We understand that through the intervention of Counsel, Ms. Clarke has since been released. The Bar Association inclusive of its Criminal Bar Committee do not take this matter lightly and will take all necessary steps to ensure that our members can exercise their professional duties without intimidation and that the Rule of Law is upheld.
28th October, 2022
Meanwhile, The Guyana Association of Women Lawyers (GAWL) says it vehemently condemns the actions taken by the Special Organised Crime Unit (SOCU) in arresting Attorney-at-Law,Tamieka Clarke. SOCU by their actions intimidated Ms. Clarke and prevented her from executing her duties to her client.
"At no time should an Attorney-at-Law be fearful of executing his/her duties," GAWL said pointing out that "an Attorney-at-Law has the legal right and responsibility to offer legal counsel to their client.
"One such responsibility is to remind the client that he/she cannot be compelled to give evidence in criminal matters, which is enshrined in Article 144(7) of the Constitution of Co-operative Republic of Guyana."
"The Attorney-at-Law advising her client that he has a right to remain silent during an interview is not outside of the scope of the law. We call on the commissioner of Police to issue an apology and cause an investigation to be promptly conducted into the actions of SOCU," the Women Lawyers said in a statement this afternoon.