Amnesty International welcomes the creation of the commission
to investigate Home Affairs Minister Ronald Gajraj. But it says
questions about the panel's mandate and powers must be answered
soon or basic flaws may jeopardize its ability to find the
truth.
"The inquiry could provide a welcome opportunity to
investigate recent allegations..." the rights group says in
a statement, while reiterating that the serious nature of the
claims is of extreme concern.
"These allegations must be vigorously investigated, and
the public must have full confidence in those
investigations," it added in the statement, where it also
highlights concern over the selection of one of the members of
the three-member commission.
President Bharrat Jagdeo set up the commission to determine
whether there is credible evidence to support the allegations
that Gajraj was involved in unlawful executions. Justice of
Appeal Ian Chang has agreed, albeit with some reluctance, to
chair the panel, which will also include ex-army head Norman
McLean and Chairman of the Police Service Commission Ivan
Crandon.
But parliamentary opposition parties have rejected the
commission, saying it does not meet their minimum standards,
while citing their concerns about its unilateral constitution,
composition and its limited Terms of Reference.
Like the Guyana Human Rights Association (GHRA), however,
Amnesty sees the commission as a chance to investigate the
claims, which the opposition and other interest groups have been
pressing for over the last four months.
Nevertheless, Amnesty has reservations and urges that the
commission be framed around international standards which
provide detailed guidance on the elements of an effective
investigation into alleged extra-judicial killings. Reference is
made to the UN's Model Protocol for Commissions of Inquiry (the
'Minnesota Protocol').
One of the concerns cited is the appointment of Crandon, as
he chairs the Police Service Commission. It was pointed out that
his appointment would be contrary with international law
requirements that those investigating allegations of unlawful
killings be independent of those under scrutiny.
Despite concerns, Amnesty says that central to the success or
failure of the inquiry would be its power to recommend criminal
investigations that could lead to prosecution; also to produce
outcomes to include a determination of all persons responsible
for any illegal killings, and of any practice which may have
brought about the deaths. It adds that the commission's ability
to obtain all information, and the authority to compel testimony
under legal sanction, to test evidence, and the power to protect
witnesses, families of the alleged victims, and other sources
from violence or other forms of intimidation, is also integral.
Amnesty International is also urging politicians and others
with influence against making public remarks that may prejudice
the outcome of the Inquiry.
This follows comments by the Head-of-State, who has said that
he still has confidence in the minister as does the cabinet.
"Particular care must be taken to ensure that the
outcome of the Commis-sion of Inquiry is not predetermined - or
perceived as such - through premature speculation as to the
innocence or guilt of persons allegedly implicated in unlawful
activities, or through structural and procedural flaws,"
said Amnesty International, echoing a similar position by the
GHRA.