Door open for further amendments to SOCU’s standing orders – Ramjattan
Sep 10, 2016, , http://www.kaieteurnewsonline....ng-orders-ramjattan/
Leader of the Alliance for Change, (AFC) and Minister of Public, Security Khemraj Ramjattan yesterday reaffirmed his position on the Standard Operating Procedures (SOPs) for the Special Organised Crime Unit, (SOCU).
The unit was established as part of the nation’s Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) (Amendment) capabilities, to be a mechanism which will especially investigate financial crimes.
SOCU was recommended by the Financial Action Task Force (FATF), an international body that sets standards and promotes effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system.
Leader of the Alliance for Change Khemraj Ramjattan
Guyana’s Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) was boosted after the AML/CFT Amendment Bill was passed last year.
However recently, there has been some amount of controversy surrounding the operations of unit, set up to investigate financial crimes.
SOCU’s operation protocols were extended due to developments in the Guyana Police Force‘s Standing Order No. 62.
According to those amendments, SOCU now has powers to investigate crimes such as murders, piracy, smuggling and other offences which traditionally fall under the ambit of the police. But, a number of politicians, including Attorney General and Minister of Legal Affairs, Basil Williams, disagree with the expansion of SOCU’s workload.
Recently, opposition parliamentarian and former Attorney General, Anil Nandlall, also expressed concerns over SOCU’s added protocols
Nandlall said, “SOCU’s added mandate to investigate murder, piracy, environmental offences and a whole host of offences which are neither “specialized” nor “organized” crimes,”.
The FATF team has announced an on-site visit to Guyana slated for some time this month.
The visit by the team is part of efforts by FATF to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by that body
Yesterday, Minister Ramjattan reaffirmed that indeed the unit was set up to investigate financial crimes, but he believes that it can be functional, doing much more. Ramjattan was at the time responding to comments made during an Alliance For Change, (AFC) press conference.
According to Ramjattan, when the People’s Progressive Party/Civic (PPP/C) set up SOCU it was in very bad shape, because the party did not establish the standing orders.
“When we came into government, there was some amount of urgency to provide the unit with the necessary standing orders.”
The Minister explained that the standing orders were implemented following the death of army officer, Robert Pyle. Pyle was killed in an accident while carrying out a legitimate operation in support of the unit.
Following the accident, Ramjattan said that he met with the Commissioner of Police and other stakeholders to draft the standing orders in accordance with the consonance of standard police operating procedures, since the unit would fall under the purview of the police force.
“Indeed the powers expanded; we want to essentially do what the AML/ CFT bill says, but let’s say there are no orders from the Financial Intelligence Unit (FIU), then we will have 10 policemen sitting a whole year doing nothing when they are specially qualified to deal with white collar crimes like fraud,” he asserted.
According to Ramjattan, the original recommendation would create some amount of confusion with regards to investigating financial crimes.
“And what if a financial crime includes murder, shouldn’t the unit be allowed to investigate the crime as a whole or should we have separate investigations?” asked the Minister.
Notwithstanding his stance on the issue, the Public Security Minister said that the door is still open for further amendments to SOCU’s standing orders.
“The door is still open, if needs be it (the protocols) can be narrowed down, but it must be noted that the government did what was necessary to make the unit work.”
Ramjattan also responded to reports about the concerns expressed by Legal Affairs Minister Basil Williams. Williams had expressed views in favour of delinking the unit from the police force. He expressed concerns that SOCU was becoming increasingly burdened with police work.
However, Ramjattan noted that it is normal for Ministers to disagree on an issue.
“As I said, there are going to be disagreements and differences, but that will have to be worked out in cabinet. I would like it to be in the police force.”
“Indeed at the cabinet, if the arguments of Mr. Williams suffice, well fine, but at this stage I would like SOCU to come under the police force, so that it could be scrutinized according to the protocols of the force, because when the question is asked to the Commissioner of Police at the end of the year, he will be able to give a proper annual report.”