Extradite from Guyana. Under Which Treaty?
Guyana has had difficulty in extraditing persons to various states for several years now. And at least one Guyanese legal luminary feels that the country must revisit its extradition legislation for certain states
Senior Counsel Bryn Pollard feels that the real issue is the lack of an existing extradition treaty between Guyana and the United States and Guyana and the United Kingdom in the ongoing contentious matter of no extraditions.
Pollard who helped to draft the Guyana Constitution and laws at Independence in 1966 said that since that time Guyana agreed to accede to certain treaties with certain states. The idea of treaty succession therefore was left up to Guyana. The extradition treaty between the US and the UK was NOT one of the treaties that Guyana accepted. So far Guyana has neither extradition treaties with the UK nor with the US.
In 1998 however Guyana enacted Legislation that allowed Fugitives and Wanted persons to be either rendered or extradited to any Commonwealth Country (by special arrangement) and to foreign country if an extradition treaty exists and on the basis of reciprocity.
All of this is in addition to the fact that if an extradition matter is heard before a Magistrate, the defendant is entitled to legal representation who can challenge the process either on constitutional grounds or on other legal basis. The Matter then moves to the High Court and can go all the way to the Court of Appeal.
The question that Attorney at Law Pollard raises is why there is no movement on fashioning Extradition treaties with the US and the UK. He is of the opinion that a similar Extradition Treaty along the lines of the 1994 one that Trinidad and Tobago signed with the US can overcome the legal hurdle that now exists.