Gov’t does not have investigative powers

– US unacquainted with Guyana’s laws – AG
Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has provided clarification that the constitutional framework of a democratic country like Guyana prohibits the executive from conducting investigations in high-profile matters such as corruption.
As a matter of fact, Minister Nandlall made it clear that this power is delegated to legally instituted semi-autonomous bodies.
The Attorney General’s comments followed remarks made by United States representative on the UN Human Rights Committee (HRC), Laurence Helfer, about the Guyana government’s alleged failure to investigate corruption reports involving the vice president, judiciary, and police, which is reportedly causing frustration among the people.
Helfer’s question, however, validates his misunderstanding and unacquaintance with Guyana’s legal architecture, according to Minister Nandlall.
During his recent edition of ‘Issues in the News’ aired Tuesday evening, the senior counsel was discussing the groundless allegations that were put forth during a review of Guyana’s latest report on the International Covenant on Civil and Political Rights (ICCPR) in Geneva, Switzerland.
“You have the Guyana Police Force, you have the Auditor General’s Office, you have the Guyana Revenue Authority…All these agencies are not government, they are state agencies. The people who are asking these questions, they are unacquainted with and not educated about our governance structure,” he lamented.
Minister Nandlall presented a hypothetical scenario to illustrate his point and argued that if the president were to initiate an investigation into the judiciary, the country would be in turmoil and the government would face endless backlash.
“You will hear…that is interference with the judiciary, that [the] executive is pressuring the judiciary. You will hear about undermining and violating the doctrine of separation of powers…Yet you have a person who doesn’t understand these ramifications,” the AG expressed.
He even challenged Helfer’s assertion that the public was frustrated with uninvestigated claims of corruption, asking which public was being referred to.
“Which segment of the public is frustrated by this allegation?” he questioned.
In fact, the AG pointed out that the APNU+AFC Opposition is the only group pursuing these allegations in the public domain, driven by its political self-interest. He said that this same political tactic was unleashed pre-2015 leading up to the general and regional elections.
Meanwhile, Minister of Parliamentary Affairs and Governance, Gail Teixeira during the review sessions informed the HRC that the allegations warrant no investigation due to the inexistence of a formal complaint.
Guyana was asked in 2020 to submit its third International Covenant on Civil and Political Rights (ICCPR) report which was subsequently submitted in 2021.
From March 18-20, 2024, Guyana’s report was reviewed by the Human Rights Committee, under the auspices of the United Nations Commission on Human Rights (UNCHR) at its 140th Session.
The Human Rights Committee was established to monitor the implementation of the ICCPR. It Is a body of independent experts that monitors the implementation of the International Covenant on Civil and Political Rights by State parties.