Joint Civil Society Statement on the COI and Other Matters of National Importance Related to the MV Barima Tragedy

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592 GUARDIAN♦ ACCOUNTABILITY&INTEGRITY JOURNALISM♦ GUYANA

Joint Civil Society Statement on the COI and Other Matters of National Importance Related to the MV Barima Tragedy

PRESS RELEASE.

We, the undersigned individuals and non-governmental organizations in Guyana, the Caribbean, and other countries, mourn with the families of all the passengers and crew who drowned when the MV Barima capsized and sank off the Guyana coast during the night of 18 July 2026. This tragedy which took the lives of a still-unknown number of innocent, economically disadvantaged, and historically marginalized persons, was wholly preventable and should never have occurred in the first place. 

This disaster- the worst in Guyana’s history apart from the foreign-led Jonestown massacre, and one of the worst maritime disasters in the Caribbean- has exposed the broken system of governance in Guyana, characterized by regular and widespread abuse of State power, chronic lack of accountability and oversight at all levels, intimidation and repression of critical and dissenting voices, and denial of civil society participation and representation in local governance and community based decision-making. Our mourning thus encompasses the strangling of democracy that we witness and experience daily in Guyana. 

We echo the public calls for the resignation of Minister of Public Works- Juan Edgill, Minister of Public Utilities and Aviation- Deodat Indar, and MARAD Director General- Stephen Thomas, along with General Manager of the Transport and Harbours Department (T&HD)- Yolanda Hughes Smith and Chairperson of the T&HD Board- Rosalinda Rasul, in keeping with well established norms of international accountability that locates ultimate overall accountability in those at the highest level of authority in the chain of command. However, it is a well-known principle of delegation that the delegation of authority does not absolve the delegator of responsibility. The public is therefore entitled to know how those above these specific individuals are also responsible in this tragedy.

We remind President Ali that all Commissions of Inquiry must satisfy the full implementation of Article 13 of the Constitution of Guyana on inclusionary democracy, guaranteeing the participation of citizens and their organizations in state management and decision-making, especially regarding wellbeing and safety. 

As such, the present COI- established unilaterally by President Ali on 26 July 2026- is unacceptable and must be replaced by a truly representative COI widened through genuine consultative processes to include the perspectives of survivors and families who lost loved ones, Indigenous leaders and organizations, relevant civil society groups and representatives of the opposition parties.  

We have learnt from the deficiencies of the previous COI into the Mahdia tragedy of 2023, which also lacked impartiality and suffered from State overreach, shielding of subject ministers and other State officials from accountability, and manipulation of grieving and traumatized family members of the 20 Indigenous students who died at that time. We reject a repeat of such ineffectual and unsatisfactory past COIs and will not accept anything less than a genuine consultative process so that full accountability can be realized. 

We also note the public reports of wrongdoing on the part of several of those appointed by President Ali to this COI, and urge the removal of all such tainted individuals from this process. 

  The Commission of Inquiry into the MV Barima disaster must: 

  • Be public and accessible to all Guyanese- not held behind closed doors- with full transparency to survivors, their families, and all Guyanese. As part of full accessibility, Creolese and Indigenous languages interpreters must be provided during the asking of questions and the taking of testimonies. 
  • The proceedings must be covered by the independent press who must be treated with respect and given unimpeded access to all participants, except for court-specified restrictions.
  • Ensure that the key role and position of Secretary to the COI must satisfy public confidence and strict requirements for independence, transparency, impartiality, integrity, and aptitude. 
  • Record the testimony of survivors of the MV Barima sinking as well as those who did not board it but who witnessed its final boarding and who can accurately describe conditions of travel to Port Kaituma on July 18 and previous public ferry journeys to the Northwest Region. 
  • Record eye- witnesses accounts of public and private parties involved in the search, rescue, and recovery operations, and evaluate the coordination, speed, and effectiveness of emergency response mechanisms inclusive of state and private agencies.
  • Record, share, document and specify in detail the psycho-social trauma counselling given to survivors and their families inclusive of who, how many times, where and qualifications of counsellors- not only for adults but also the many children who lost mothers, fathers, siblings and other family members. Detail arrangements in place to continue long term counselling for survivors and their families. Identify civil society organizations who have been approached to assist with psycho- social and trauma counselling short term and long term.
  • Document arrangements made for burial of those who lost their lives, to show if these were carried out in keeping with dignity and sensitivity and the wishes of their families.
  • Make all findings and recommendations in the final report publicly available locally, regionally and internationally.

Additionally, 

  • Indigenous and riverain communities must be meaningfully consulted and given the opportunity and means to testify to the shortcomings of the existing system of riverain transportation, and to contribute to solutions as they are the ones who rely most heavily on these systems and suffer disproportionally the risks and inequities. 
  • Sanctions must be applied on any public official who misleads or obstructs this inquiry.
  • The Government of Guyana must provide free, equal, and equivalent independent legal representation for survivors and bereaved families as that for public bodies, officials and ministers.
  • Admissibility of evidence must be determined by the Chair of the Commission- not the State agencies under investigation, and there must be no attempt to invoke ‘national security” in order to shield public agencies and officials from accountability.

We call on the President of Guyana to direct the Minister of Labour and the Head of the Environmental Protection Agency, among other agencies, to investigate and report on the numerous allegations of violations of health and safety requirements on the MV Barima ferry and other public hinterland ferries managed by the Transport and Harbours Department. 

Guyana, as a member of the International Maritime Organization (IMO) and signatory to the International Convention for the Safety of Lives at Sea (SOLAS), must undertake an independent technical marine casualty investigation consistent with the IMO Casualty Investigation Code, the IMO Model Regulations on Domestic Ferry Safety, and SOLAS. A Commission of Inquiry cannot be a substitute for an independent marine safety investigation conducted in accordance with internationally recognized standards. 

We also call on the relevant authorities to also immediately comply with Guyana’s Shipping Act 49.01- especially Part X VIII which clearly outlines a structured framework for addressing marine casualties and requires formal marine casualty investigations by qualified boards or authorized officers to determine the cause of incidents before criminal liability is assessed for captains and crew. These marine investigations must precede any criminal prosecution, ensuring the root cause is established within the framework of maritime law- rather than bypassing it for common law charges or the Criminal Law Procedures Act.  

As such, it is our view that the action of the Director of Public Prosecutions- in recommending 72 charges of murder against the boat captain, first mate and goods loading supervisor- is precipitate and in fact, obstructs the full and fair investigation into this disaster. The events on 18 July 2026 suggest that the people with the most relevant knowledge of the disaster are these very individuals who are now prevented from answering questions to avoid self-incrimination according to Section 12 of Guyana’s Commission of Inquiry Act (cap. 19:03, 1933-1997). 

The DPP’s actions also prevent the coroner from holding an inquest into the circumstances of the MV Barima deaths, as required normally by sections 06 and 18 of the Coroners Act.  As the DPP has been unable or unwilling to disclose her reasons for these recommendations of hers, we urge that she withdraw these charges in order to allow a complete investigation and inquest. The grieving families and people of Guyana need to hear the full and unconstrained testimony of all relevant parties and all those who contributed to this tragedy must be held fully accountable. 

Finally, we demand assurances that all attempts to criminalize persons and organizations for exercising their constitutional right to freedom of conscience, expression, assembly, association, equality, and non- discrimination be ceased immediately.

Endorsed by: 

Guyanese Organization of Indigenous Peoples

Red Thread Crossroads Women’s Center

Transparency International Guyana Inc.

Oil and Gas Governance Network

We The People (Gen Z Youth Movement)

Organization for the Victory of the People (OVP)

Guyana Trades Union Congress (GTUC)

and additional signatories:

Link ⇒https://www.ipetitions.com/p/joint-civil-society-statement-on-the-mv-barima-coi-sign-on/

PRESS RELEASE -JULY 29 2026.

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THE 592 GUARDIAN♦ACCOUNTABILITY JOURNALISM♦ GUYANA

REPUBLIC OF TRINIDAD AND TOBAGO  

  Telephone: (868) 612-5CCJ   Fax: (868) 624-4710 

  Website: www.ccj.org 

MEDIA RELEASE 

(For immediate release) 

 No. 30:2026 

30 July 2026 

 CCJ DISMISSES APPEAL, ALLOWS EXTRADITION PROCEEDINGS TO 

CONTINUE AGAINST GUYANESE OPPOSITION LEADER AND FATHER  

 Port of Spain, Trinidad and Tobago. On Wednesday, 29 July 2026, the Caribbean Court of Justice (CCJ/Court) dismissed an appeal brought by Mr Azruddin Mohamed, Leader of the Opposition in Guyana, and his father, Mr Nazar Mohamed, challenging the validity of an Authority to Proceed (ATP) issued under Guyana’s Fugitive Offenders Act in connection with a request by the United States of America for their extradition. 

The extradition request was received by the Government of Guyana on 28 October 2025. Two days later, the Minister of Home Affairs issued an ATP, which initiated the extradition process before the courts. The Applicants subsequently sought judicial review of that decision, alleging that the ATP was invalid because it was tainted by actual or apparent bias arising from public statements made by senior government officials during the 2025 election campaign. They also contended that the Minister had improperly consulted the Attorney General, who was likewise alleged to be biased. 

The High Court and the Court of Appeal dismissed the challenge. The Applicants then sought special leave to appeal to the CCJ, which decided to hear the application for special leave and the substantive appeal at the same time. The Court also granted an interim stay of the extradition proceedings pending determination of the appeal. 

At the CCJ, President Anderson and Justice Barrow, in a joint judgment, held that special leave should be granted. On the merits, they held that while the broad rule against bias can apply to a ministerial decision to issue an ATP, mere political bias would not invalidate its grant. They further found that the Applicants had failed to establish that the issuance of the ATP was tainted by bias in any relevant sense and emphasised that an ATP is a preliminary administrative step in the extradition process. The Minister’s role is to engage in the decision-making process contemplated by the legislation. The Applicants did not allege that the Minister failed to consider relevant factors or had relied on irrelevant considerations. Instead, they relied solely on allegations of political bias. The Judges found those allegations insufficient to invalidate the ATP. 

President Anderson and Justice Barrow also expressed the view that challenges to an ATP may be filed before but, save in the most exceptional of circumstances, should be heard only after completion of the committal stage of the extradition process. Such an approach, they reasoned, would better align with Guyana’s extradition framework and international obligations.  

In separate reasons, Justices Rajnauth-Lee, Jamadar, and Bulkan agreed that the appeal should be dismissed but held that there was no legal bar preventing an early judicial review challenge to an ATP where bias is alleged. While finding no appearance of bias on the part of the Minister, they concluded that there was a real possibility of apparent bias on the part of the Attorney General. Nevertheless, they determined that any such apparent bias did not contaminate the Minister’s decision-making process or invalidate the ATP. The CCJ Judges further ordered that each party bear its own costs and underscored the importance of judicial independence, cautioning against public comments by public officials on pending judicial proceedings. 

In a further separate opinion, Justices Ononaiwu and Eboe-Osuji agreed that the appeal should be dismissed. They stressed that allegations of bias must be assessed from the perspective of a fairminded and informed observer who considers all the surrounding circumstances. On that test, bias is not made out in the particular circumstances of the present case. The CCJ Judges also highlighted procedural considerations concerning the timing of challenges to an ATP, observing that extradition proceedings themselves provide mechanisms for addressing potential unfairness. 

Ultimately, the CCJ unanimously granted special leave to appeal but dismissed the substantive appeal. The interim stay of extradition proceedings previously granted by the Court was lifted. The Court further ordered that there be no order as to costs before the CCJ and reserved its decision on the costs in the courts below. 

The appeal was heard by the full CCJ Bench comprising the Honourable President Mr Justice Winston Anderson, and the Honourable Justices Rajnauth-Lee, Barrow, Jamadar, Ononaiwu, Eboe-Osuji, and Bulkan. Mr Fyard Hosein, SC, Mr Roysdale A. Forde, SC, Mr Sasha Bridgemohansingh, Mr Siand Dhurjon, Mr Damien Da Silva, and Mr Aadam Hosein represented the Appellants. Mr Douglas L. Mendes, SC and Mr Clay J. Hackett represented the First Respondent, the Minister of Home Affairs. Mr Mohabir Anil Nandlall, SC, Attorney General, Mr Nigel O. Hawke, Solicitor General, Ms Shoshanna V. Lall, Deputy Solicitor General, and Ms Dishon Persaud represented the Second Respondent, the Attorney General. Mr Arudranauth Gossai represented the Third Respondent, Magistrate Judy Latchman. 

 

-End- 

_____________________________________________________________________________________ About the Caribbean Court of Justice 

 

The Caribbean Court of Justice (CCJ) was inaugurated in Port of Spain, Republic of Trinidad and Tobago on 16 April 2005 and presently has a Bench of seven judges presided over by CCJ President, the Honourable Mr Justice Winston Anderson. The CCJ has an Original and an Appellate Jurisdiction and is effectively, therefore, two courts in one. In its Original Jurisdiction, it is an international court with exclusive jurisdiction to interpret and apply the rules set out in the Revised Treaty of Chaguaramas (RTC) and to decide disputes arising under it. The RTC established the Caribbean Community (CARICOM) and the CARICOM Single Market and Economy (CSME). In its Original Jurisdiction, the CCJ is critical to the CSME and all 12 Member States which belong to the CSME (including their citizens, businesses, and governments) can access the Court’s Original Jurisdiction to protect their rights under the RTC. In its Appellate Jurisdiction, the CCJ is the final court of appeal for criminal and civil matters for those countries in the Caribbean that alter their national Constitutions to enable the CCJ to perform that role. At present, five states access the Court in its Appellate Jurisdiction, these being Barbados, Belize, Dominica, Guyana, and Saint Lucia. However, by signing and ratifying the Agreement Establishing the Caribbean Court of Justice, Member States of the Community have demonstrated a commitment to making the CCJ their final court of appeal. The Court is the realisation of a vision of our ancestors, an expression of independence and a signal of the region’s coming of age. 

 

For more information please contact:  

The Public Education & Protocol Unit 

Tel: (868) 612-5225 ext. 2260, 2246  

Email: ccjcomm@ccj.org  

 

PRESS RELEASE -JULY 29 2026.

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THE 592 GUARDIAN ♦ ACCOUNTABILITY JOURNALISM♦ GUYANA 

PRESS RELEASE
The Guyana Human Rights Association (GHRA) has issued a second statement on the MV Barima tragedy, raising pointed concerns that the State’s response—particularly the sweeping decision to institute seventy-two murder charges against three individuals—may be drifting toward spectacle rather than substance. As government officials move to project decisive action, the GHRA is warning against any attempt to obscure unanswered questions, sidestep accountability, or compromise due process under the cover of legal aggression. The intervention places renewed focus on whether justice is genuinely being pursued, or strategically performed, in the aftermath of one of Guyana’s deadliest maritime disasters.

 

PRESS RELEASE 

GHRA MONITORING  OF MURDER CHARGES IN MV BARIMA TRAGEDY

The GHRA is carefully following the statements of Defense Counsel and of the Director of Public prosecutions (DPP) regarding the seventy-two murder charges brought against three accused persons in the MV Barima tragedy. Lawyers for the accused have raised the points of intent and of protection against self-incrimination and the DPP has come out with a statement. When taken in conjunction with the announced Commission of Enquiry, the filing of murder charges appear intended to show that the government is taking massive action.

The GHRA would like to stress the importance of observing the rule of law in everything that is done in pursuit of the truth about the sinking of the Mv Barima with its extensive loss of life; the imperative need to ascertain the facts, underlying causes, and corrective measures required. Against this background, the GHRA is particularly alert to the importance of respecting and  protecting the rights of the accused.

The GHRA would also like to underline the importance of the ruling party showing inclusiveness towards the Opposition in the aftermath of the disaster. Wisdom and justice demand this.

Executive Committee

Guyana Human Rights Association (GHRA)

July 29 2026

56B Austin Place & Hadfield Street, P O Box 10653, Georgetown, Guyana, South America

Tel: (592)-226-1789/-227-4911     e-mail: ghraguy@gmail.com