International Criminal Court has jurisdiction in Guyana's 200+ 'Murdergate' Scandal

With the over-kill of the Guyana-Venezuela border controversy in the media, and an inextinguishable desire for breaking news, up comes self-confessed Guyana ‘death squad’ member Sean Hinds, virtually delivering a can of worms on a platter, after walking through dry places, seeking rest and finding none. 

Guyana death squad former member and whistle blower Sean Hinds.

 While Sean Hinds, in his television interview with a Guyanese journalist confessed to being a member of a death squad which he alleges received cover and support from the Guyana Police Force, with the direct knowledge and sanction of at least two government ministers, between 2002 and 2006, he refuses to say who the intellectual authors of the crime wave were.

Recent remarks by former head of the Guyana Police Force's infamous and feared Target Special Squad, retired Assistant Commissioner Steve Merai, that he had confidence in the police to exonerate him in murder-for-hire allegations, underscores the fact that the International Criminal Court (ICC) is the only body, in my view, that can impartially investigate the wide-spread allegations that government-backed, funded and directed death squads operated in Guyana between 2002-2006, during which more than 200 citizens were killed or disappeared.

Many theorists have put the figure of those who were murdered or disappeared during the dark days in Guyana from 2002 to 2006, as high as 400, but this blog uses a conservative number of 200+ because this article seeks to address specific legal issues under international law relating to crimes against humanity, according to Article 7 of the Rome Statute of the International Criminal Court.

Feared former head of the police Target Special Squad, retired Assistant Commissioner Steve Merai

I would be the first to argue that several of the murders that happened between 2002 and 2006 were as a result of regular criminal activity and would not fall under the jurisdiction of the ICC. What I am concerned with is whether or not the state, its agencies or groups under its control, were engaged in repeated or sustained plots to murder, torture or cause the disappearance of citizens of Guyana.

Why would Steve Merai, whom it is alleged by Sean Hinds, was there when popular journalist and talk show host Ronald Waddell was executed by unknown gunman, and who, just the mention of his name alone, used to send chills down anyone’s spine, be seeking a meeting with the same police force that has constitutional authority to investigate Mr. Hinds’ allegations against Merai?

Many people might disagree with a call for the Government of Guyana to invite the ICC to investigate the events of 2002-2006, but when you have 200+ people being murdered in one country and evidence linking two government ministers to the now-imprisoned head of merciless phantom and death squads, the ICC mechanism can be activated, as Guyana is a member of the ICC.

Killed by the death squad or phantom squad. Journalist Ronald Waddell.

The information being offered in this blog is not an opinion, it is the United States, Britain and Canada that first called on the People’s Progressive Party/ Civic (PPP/C) government to launch an investigation into the reported existence of phantom and death squads. Following international pressure, a half-hearted inquiry was launched, but quickly fizzled. The scandal resulted in the resignation of Home Affairs Minister Ronald Gajraj.
There are many other questions that need international judicial pronouncements. One of the questions is, whether or not the then Government of Guyana, through former Minister of Health Leslie Ramsammy, bought and imported spy equipment with tax-payer dollars and subsequently delivered the said equipment to the head of the infamous phantom squad to aid in the extra-judicial killings of Guyanese citizens.

Former Minister of Home Affairs, Ronald Gajraj.

Almost a decade has passed since the end of the 2002-2006 crime wave in Guyana, but as far as the ICC is concerned:

Article 19

Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.

Article 27

Irrelevance of official capacity

 1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

 Article 14 of the Rome Statute of the International Criminal Court states:

Referral of a situation by a State Party

1. A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.

2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.

The statute defines crimes against humanity as: “acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”

Article 7 lists several acts which constitute crimes against humanity, but the acts that are relevant to the 2002-2006 crime spree are: murder, torture and enforced disappearance of persons.

·         The ICC has jurisdiction in Guyana if murder was:

  "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack."

·         Jurisdiction in torture:

"Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions."

·         Jurisdiction in enforced disappearance of persons:

"Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of moving them from the protection of the law for a prolonged period of time."

Former Minister of Health Dr. Leslie Ramsammy. Allegedly organized importation of spy equipment for phantom squad.

As a member of the ICC, Guyana can start by asking the international judicial body to interview Sean Hinds who may provide it with information to widen the investigative net and let the chips fall where they may. While Sean Hinds’ allegations have not been proven in a court of law, here is a transcript of his confession to Guyanese journalist Travis Chase in a television interview:

“Years ago they said I was in some killing squad. I can’t deny that. I would not sit here and deny that. If I wasn't a part of the killing squad, the country (Guyana) would not have had law and order, because they had Dale Moore, Sean Brown and Chip Teeth (criminals)…there was a phantom squad and there was a death squad. I was part of the death squad…we used to go after these people; not us alone, the police were included…the police force was a part of it”

“We used to get guns from the police. I used to go and uplift a machine gun from the Criminal Investigations Department (CID) headquarters…so this thing was not a one-sided affair...so don’t feel that I was operating on my own, or Axel Williams (Hinds’ boss) was operating on his own…we were guided and were in communication with senior people from CID headquarters.”

“All my orders came from CID headquarters and there is evidence to this day. I have evidence with me and people communicating, saying what needed to be done…and how it needed to be done…the kind of gun that needed to be used…what must not be done and how we must do it…and don’t do this one like this; don’t leave him in the streets and that kind of thing….but when the sh*t hit the fan, I alone got charged (for murder)”

Sean Hinds’ involvement in the death squads was first revealed by death squad informant George Bacchus years ago. George eventually became the target of the same death squad to which he provided the names of Guyanese men who would later turn up murdered in a hail of bullets or by a single bullet to the head. Bacchus claimed that the then Minister of Home Affairs, Ronald Gajraj's home,  served as a command centre for the death squad and that guns were issued from the minister’s home office.

 Dead squad informant George Bacchus

In a twist of faith, Bacchus’ brother was gunned down while standing in front of their Georgetown home by a car load of gunmen who really meant to kill the informant Bacchus instead. However, persistent to eliminate George Bacchus, who was spilling the beans, they successfully arranged to have him shot dead in his home.

Before George Bacchus died, he left the following two affidavits”

See the link below:

http://www.guyanapnc.org/MediaCentre/PressRelease/GEORGE%20BACCHUS.html