Independent prosecutor needed in Karimbaksh case — Alissa Trotz, Arianne Harris & 36 others

Independent prosecutor needed in Karimbaksh case — Alissa Trotz, Arianne Harris & 36 others — Opinion

Dear Editor,

Men in positions of power across the spectrum in Guyana, including those with ministerial positions, or exercising leadership roles in political parties including the political party in Government have to take responsibility and action for their continuing and appalling, disgusting, abusive and criminal behaviour towards women who they work with, or who work for them, who they live with, have relationships with, marry and or have families with.

Two of the most recent reported cases of men in such positions include Fazil Karimbaksh, Deputy Commissioner of Police and head of SOCU, and Daniel Seeram, former Chairperson of the Regional Democratic Council for Region 4 and now in his latest appointment as National Coordinator of the Border Patrol Unit.

Criminal behaviour directed towards women continues to be widespread throughout Guyana, affecting women of diverse ethnicities, regions, economic status, age, marital status, profession and other status. This violence continues despite laws, programmes, services and continuous training for police officers and other frontline workers.

The Ministry of Human Services and Social Security has reportedly engaged in another programme – the National Gender Empowerment Seal- to address sexual violence in the public sector among other forms of gendered discrimination.^[1] Clearly more needs to be done, better, more efficiently, and based on empirical evidence, measuring the impacts and successes of these programmes not in numbers trained but in improved outcomes. Outcomes which also mean accountability for the abusers who have connections and who are in positions of power.

It is well known that behind each reported case of sexual and gender based violence lies a history of abuse by the perpetrator.

The first public reports are often the result of a history of abuse, including sexual assault, rape, sexual harassment, indecent assault, stalking, physical violence, or any of the other forms and types of gender based violence meted out by these perpetrators against women and others.

We know that allegations of gendered abuse were previously made against Deputy Commissioner Fazil Karimbaksh.

What is this saying about the Guyana Police Force when it seems there are no accountability measures when senior policemen face allegations of abuse? What message is this sending to the many survivors, victims and perpetrators of sexual and gender based violence.

Minister of Home Affairs Walrond has reportedly said that the Police Service Commission (PSC) has been defunct since July.^[2] How then are citizens supposed to hold the police accountable when the Government is not urgent about the institutions of accountability?

Minister Walrond’s lament that the lack of a working PSC makes it difficult to know what steps to take against a senior police officers is unacceptable and reeks of a cover up. Surely it does not matter if a President or an unemployed person commits a sexual offence, the law must apply without fear or favour.

Minister Walrond must answer these questions. Why is Deputy Commissioner Fazil Karimbaksh still on the job at SOCU even though Minister Walrond had recommended he be placed on administrative leave?^[3] An arrest and charge should take care of any uncertainty about if to send the senior officer on leave or not.

Why is special treatment being afforded to the accused Deputy Commissioner? The Sexual Offences Act (SOA) has clear processes to be followed in sexual offences cases, including paper committals and the exchange of all statements by both prosecution and defence lawyers.^[4] Can the complainant, Guyanese organizations and citizens have confidence in police investigating police, especially when the accused is a very senior Deputy Commissioner of Police? Justice must not only be served it must appear to be served; therefore, a special independent prosecutor should be appointed immediately to investigate and prosecute this case.

Most alarming and shocking is a report that a confrontation between the accused Deputy Commissioner and the survivor was/is to be held by the police. The Ministry of Home Affairs must account for their ignorance of the Sexual Offences Act (SOA) 2010 which has abolished confrontations. Section 42 of the SOA explicitly dictates that once a report is made, investigators cannot require a complainant to recount their allegations or any part of them in the presence of the accused.^[5]

We expect the Ministry of Human Services and Social Security and Minister of Home Affairs to demonstrate compliance in ensuring that the Sexual Offences Act (SOA) 2010 is followed to the letter.

Meanwhile, in all of these cases, we urge the men who are bystanders, the men who remain silent as their colleagues, bosses, friends abuse others, to speak out. Men’s violence against women and others happens in an atmosphere where other men refuse to hold men accountable for this violence. This silence and lack of accountability also prevent abusive men from recognizing the nature of their abusive behaviour, the first step towards behaviour change.

We call on the Commissioner of Police to collaborate with the Ministry of Human Services and Social Security and other groups and organisations to ensure that training of senior officers also includes the publishing of protocols and procedures by which all ranks of the Guyana Police Force can be held accountable. Training without accountability does not result in improved compliance with the law.

Deep respect and empathy must be given to the female police inspector and survivors for finding the courage and strength to refuse to be silent victims of abuse but instead to confront and report the violence. Choosing to do this is a gruelling, difficult and traumatic experience for all survivors. Every effort must be made towards supporting these survivors including psycho-social and trauma counselling so that healing can begin.

We demand that a special independent investigation and prosecutor be appointed for the Karimbaksh case. We demand that the Sexual Offences Act (SOA)2010 be complied with and any confrontation immediately cease as set out in section 42, and if not, those conducting such a confrontation be themselves charged with an offence under the Sexual Offences Act (SOA) 2010.

Yours sincerely,
Alissa Trotz
Amerindian Peoples Association (APA)
Arianne Harris
Blossom Inc.
Breadfruit Collective- Christine Samaroo
Carol Ann Marcus
Citizens Against Rape
Colette McDermott
Colin Klauky
Danuta Radzik
Darsh Khusial
Denise Dias
Desmond Ali
Dr Raquel Thomas
Elizabeth Cox
Ferlin Pedro
Fred Collins
Guyana Organization of Indigenous People (GOIP)
Guyana Presbyterian Church -Rev Patricia Sheerattan Bisnauth
Halima Khan
Immaculata Casimero
Indigenous Peoples Delegation of Guyana – Mark Anthony Rodrigues
Janette Bulkan
Jocelyn Dow
Joe Persaud
Kenrick Hunte
Linda Hustler
Ludex Mc Donald
Makushi Research Unit
Margo Boyce
Melissa De Santos
Mellissa Ifill
Mike Persaud
Nicola Noel
Renuka Anandjit
Reshma Persaud
Sexualities, Women and Genders (SWAG)
Sherlina Nageer
Sonia Noel
Terry Carsar
Transparency International Guyana (TIGI)
Trudie Daniels
Vanda Radzik
Vidyaratha Kissoon
We The People
Wintress White

References

THE NATIONAL GENDER EQUALITY AND EMPOWERMENT SEAL — mhsss.gov.gy ↩
Home Affairs Minister backs administrative leave for Karimbaksh amid rape allegations, but notes absence of Police Service Commission - News Source Guyana — newssourcegy.com ↩
Walrond says Karimbaksh should be placed on administrative leave amid sexual allegations – NCN Guyana — ncnguyana.com ↩
Appeal Court upholds legality of paper committals under sex offences Act - Stabroek News — www.stabroeknews.com ↩
The abolition of confrontations and oral preliminary inquiries for indictable sexual offences - Stabroek News — www.stabroeknews.com ↩

THE NATIONAL GENDER EQUALITY AND EMPOWERMENT SEAL

mhsss.gov.gy

Summary Guyanese women and men face gendered issues at work ranging from stereotypes and discrimination, to sexual harassment and exploitation; this proposal is a policy intervention by the Ministry of Human Services and Social Security (MHSSS), in partnership with the Ministry of Labour, and the Ministry of Public Service to mainstream gender equality and empowerment in the workplace, and to raise awareness and develop protective strategies against sexual and gender-based discrimination and harassment, while at the same time creating equal opportunities and empowerment. The policy position is framed as the “Women and Gender Equality and Empowerment Principles”, whereas public and private institutions (“organisations”) will be asked to “sign on” to the principles as a commitment to achieving a gender equal and empowered work environment. In supporting these principles, organisations will commit to completing a training programme facilitated by MHSSS, covering gender awareness and sensitization, prevention of sexual exploitation, abuse, and harassment, gender mainstreaming, ensuring equal opportunities and empowerment, and men’s partnership in ending gender inequality. On completing this training, organisations will be given a “seal” (accreditation) that publicly displays their progress and ranking in achieving gender equality and empowerment in the workplace. The awarding of seal by the Ministry of Human Services and Social Security will illustrate their competence and compliance with this initiative. The theory of action ... Services and Social Security ... action for professional and social development ... gender equality matrix developed ... intent and purpose of ... the ... and guidance to eliminate gender ... increase women’s roles in decision-making, eradicate ... and violence at work, and promote inclusive and non-sexist communication, policies and programmes for an equal and cohesive work environment. On a national scale, it gives the ... anese labour force information to achieve behavioral and social change, ... of sexual and gender based abuse and violence and ... for the protection of individual and labour rights. ... 8, the ... measures their progress against internationally validated standards with local needs as assessed by the Ministry of Human Services and Social Security. For the Guyanese public sector, a minimum of 3 gender indicators must be met to be accredited a Seal, and 5 indicators for the private sector. ... developed to measure ... progress and attainment ... accreditation in ... . The GEEI not only grades and awards Organisations committed to gender equality and empowerment, but serves as a tool for accountability, assessing the impact of the gender seal, and measuring transformation in workplace relations. Indicators of Status: PUBLIC SECTOR Gender Bronze Gender Silver Gender Gold Leadership makes a zero tolerance statement on all forms of sexual and gender based violence and misconduct including gender discrimination and sexual harassment at work. ... 5 Steps to Accreditation 1. Call to Action and the Creation of an Action Plan for Gender Equality Organisations will need to “sign on” to the Women and Gender Equality and Empowerment Principles, stating their support for the accreditation process, and the creation of a Gender Focal Point Committee or Working Group on Gender and Social Inclusion to work towards achieving indicators on theGender Equality and Empowerment Index. Leadership will also make and publish a zero-tolerance statement on all forms of sexual and gender-based violence and misconduct including gender discrimination and sexual harassment at work.

Source

Independent prosecutor needed in Karimbaksh case in Kiskadee Watch, October 7, 2026

Walrond says Karimbaksh should be placed on administrative leave amid sexual allegations – NCN Guyana

ncnguyana.com · 2026-10-02

Walrond says Karimbaksh should be placed on administrative leave amid sexual allegations – NCN Guyana October 2, 2026 Home Affairs Minister Oneidge Walrond says Deputy Commissioner of Police and Head of the Special Organised Crime Unit (SOCU), Faisal Karimbaksh, should be placed on administrative leave while an investigation into sexual allegations against him is conducted. Speaking during a recent interview, Minister Walrond confirmed that a female police officer who previously worked at SOCU has made a statement concerning the allegations and was transferred from the unit at her own request. According to the Minister, the Commissioner of Police has established a team to investigate the matter. The team is expected to take statements from relevant persons, including Karimbaksh, before a formal confrontation is held. “The fact is that Mr. Karimbaksh is at the helm of the police force. He’s a deputy commissioner, and so there’s a particular procedure that has to be followed,” she explained. Following the confrontation and investigation, the matter could result in either disciplinary or criminal action, depending on the findings of the investigative team and the Criminal Investigation Department. The minister, however, said she personally believes Karimbaksh should be placed on administrative leave while the investigation is ongoing. “It is my view, and I hold this strong view, that he should be sent on administrative leave pending the investigation,” she said. Minister Walrond said the Police Service Commission would ordinarily have responsibility for such a decision, but the Commission is currently not constituted. She said discussions would therefore have to be held with the Commissioner of Police on how the matter should be addressed. The Minister subsequently addressed the issue publicly in a statement, stressing that the allegations must be allowed to proceed through the established legal process. “This matter will not be investigated or tried in the court of public opinion,” Walrond stated. She said the allegations are serious and will be treated as such, while emphasising that neither the law nor due process would be bypassed. “I have confidence in the competence and professionalism of the investigative team,” she said, adding that the investigators must be allowed to do their work independently and thoroughly, without public interference or prejudgment. Walrond urged that the evidence, rather than public commentary, determine the outcome of the matter. “Let the law take its course,” she said.

Appeal Court upholds legality of paper committals under sex offences Act - Stabroek News

www.stabroeknews.com · 2018-07-25

major decision, the Guyana Court of Appeal yesterday overturned former acting Chief Justice Ian Chang’s ruling that the paper committal process under the Sexual Offences Act was unconstitutional and found that the Act balanced the rights of the victims and the accused. ... It was Bacchus ... resulted in the challenge to ... law on the ... to cross- ... , which he said should be deemed null and void. Based on Bacchus’ challenge, Justice Chang had then concluded that the paper committal process, under the Sexual Offences Act, was inconsistent with the Constitution because it did not allow accused persons to cross-examine witnesses at the preliminary inquiry (PI) stage. However, acting Chancellor, Justice Yonette Cummings-Edwards, Chief Justice Roxane George and Justice of Appeal Arif Bulkan yesterday found that the accused’s right to cross-examination was not taken away because he would be given that opportunity in ... High Court. Their decision was unanimous and all three of the judges spoke on the decision. The Appeal Court found that the paper committal procedure under the Sexual Offences Act was not unconstitutional and did not breach Article 144 of the Constitution as Bacchus had claimed in his challenge. It was pointed out that the section of the Act that makes provision for the PI to proceed without oral evidence or the cross-examination of the victim was not excessive or in contravention of Article 144. It was also pointed out that that the accused will have all the powers to cross-examine the victim in the High Court. Article 144 states that any person charged with a criminal offence shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by the law. It further provides at 2(e) for an accused to examine, either by him/herself or through a legal representative, the witnesses called by the prosecution. ... Another case cited by the Court of Appeal was Humphreys versus the Attorney General of Antigua and Barbuda, which was determined by the Privy Council. In that case, the Council found that the committal proceedings were not determinative of guilt but act as a filter to enable the magistrate to screen out those cases in which there appears insufficient evidence to justify a trial. Those proceedings, it was found, are conducted by an independent magistrate to whom both sides may submit evidence and make submissions and the restriction to written evidence applies to both prosecution and defence. It was noted that the accused is entitled at trial to cross-examine the prosecution witnesses and give oral evidence. ... In his ruling, Justice Chang said that in so far as the Sexual Offences Act purports to disallow cross-examination of the makers of prosecution witness statements, it is inconsistent with Articles 144 (2) (d) and (e). “The court also finds that, in any event, the Magistrate acted in violation of the applicant’s rights under Article 144 (2) (d) and (e) when she disallowed cross-examination of the makers of prosecution witness statements tendered against the applicant in the preliminary inquiry,” he said. “The court must point out that Article 144(2) makes no exception of persons charged with a sexual offence. It expressly applies to “every” person who is charged with a criminal offence. Ordinary legislation cannot create an exception to the application of a constitutional provision—unless provided for in the constitution itself,” he further said. ... Radzik had said even if Justice Chang cited the constitution, which gives the accused the right to cross-examine their accuser and witnesses, the paper committal is only a procedural mechanism for the case to be transferred to a court where a full trial would be held by a judge and jury. ... -examine. ... have to weigh the rights of the ... of the victim to have his or her day in court, to have the matter go to the court for the court to

The abolition of confrontations and oral preliminary inquiries for indictable sexual offences - Stabroek News

www.stabroeknews.com · 2024-08-25

Section 42 of the SOA is titled “Confrontation” in ... Section 42 (1) of the SOA states that if a person (“the complainant”) reports to the police that another person (“the accused”) has committed any of the offences under the SOA against them, the police should not make the complainant repeat the details of the report in the presence of the accused during any part of the investigation (or the trial I would add). The only exception is where the complainant wants to do so. Moreover, the complainant should not be coerced or otherwise convinced to agree to a confrontation. Further, section 41 ... of the SOA states that a complainant must not be required to view or be in the presence of the accused and or accomplices unless for identification purposes, and even then, identification can only be by audio- ... link, two-way mirror, ... manner which considers the complainant’s well-being. ... Usually, when a person is accused of committing an offence against another, police officers have the option of holding a “confrontation”. During a confrontation, both the complainant and the accused stand, in the presence of each other, before police investigators and tell their versions of the facts. The facts disclosed during a confrontation are not used to determine guilt, although they are used to determine whether the accused should be charged, and as part of the evidence which is eventually admitted into court to allow a magistrate or judge to determine guilt or innocence. Importantly, the accused is never required to say anything. He or she has a right to remain silent, and a right to have his/her attorney-at-law present during the confrontation, and any other engagement he or she has with the police for that matter. This can be a useful tool for crime solving. ... It is also well documented that victims of sexual offences may feel threatened or intimidated in the mere presence of their abuser. These factors can combine to cause the complainant to struggle to properly recount what took place and may even cause them to recant the accusation. It is also possible for a stressful investigation or trial to cause a complainant to recant their story and decide that they no longer want to give evidence against the accused. Since much of the evidence in sexual offences matters are the accounts of the complainant and accused, an investigation can die if there is no evidence beyond the account of the complainant, and the complainant recants. The abolition of confrontations in cases of sexual offences therefore serves to protect the integrity of the criminal investigation, and the well-being of the complainant by making the complainant as comfortable as possible (all things considered). ... Section 41 of the Act does not create a penalty for cases in which police officers breach this section and put the complainant in the presence of the accused. Nevertheless, if the police fail to comply with section 41, there can be various repercussions.