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Guyana

Guyana has dedicated counterterrorism legislation from 2015, which supplements legislation on the financing of terrorism from 2009. In the definition of terrorist act, there is a specific carve-out for the exercise of certain fundamental rights.

Compliance with International Law:
Last updated: one year ago

The Definition of Terrorism in Domestic Law

The 2015 Anti-Terrorism Act defines a "terrorist act" as follows:

(a) an act whether committed in or outside of Guyana which causes or is likely to cause -

(i)    loss of human life or serious bodily harm;
(ii)    damage to property;
(iii)    prejudice to national security or disruption of public safety including disruption in the provision of emergency services or to any computer or electronic system or to the provision of services directly related to banking, communications, infrastructure, financial services, public utilities, transportation or other essential infrastructure, 

and is intended to -   

(A) compel a government or an international organization to do or refrain from doing any act; or

(B) (a) intimidate the public or a section of the public, for the purpose of advancing a political, ideological or a religious cause; or

(b) any act which constitutes an offence within the scope of, and as defined in any of the Convention [sic].S. 2, 2015 Anti-Terrorism and Terrorist Related Activities Act. The reference to the "Convention" is to be interpreted as any of the sectoral treaties listed in the law.

There is a carve-out for both compliance with international humanitarian law and for the exercise of fundamental human rights. Thus excluded from the definition of “terrorist act” is any act that either 

causes death or serious bodily harm to a person taking active part in armed conflict in accordance with the applicable rules of international law; or

disrupts any service and is committed in pursuance of a demonstration, protest or stoppage of work and is not intended to result in any harm referred to in paragraph (a) of the definition of "terrorist act".S. 2, 2015 Anti-Terrorism and Terrorist Related Activities Act.

Adherence to Global and Regional Terrorism Treaties

 

Guyana is a State Party to most of the main United Nations treaties on terrorism.

 

Adherence to Global Terrorism Treaties
Treaty Adherence
1973 Convention on Crimes against Internationally Protected Persons State Party
1979 Hostage-Taking Convention State Party
1997 Terrorist Bombings Convention State Party
1999 Terrorist Financing Convention State Party
2005 Nuclear Terrorism Convention Signatory

 

Guyana is also a State Party to the main regional treaty on terrorism.

 

Adherence to Regional Terrorism Treaties
Treaty Adherence
2002 Inter-American Convention against Terrorism State Party

Laws and Penalties for Terrorist Offences

A terrorist offence that results in death is subject to the imposition of the death penalty.S. 3(1)(a), 2015 Anti-Terrorism and Terrorist Related Activities Act.In case of other terrorist offences, the penalty shall be a term of imprisonment of between ten and fifteen years.S. 3(1)(b), 2015 Anti-Terrorism and Terrorist Related Activities Act.

In 2020, the United States deported a Guyanese national back to Georgetown following the completion of his sentence for his role in a mid-2000s plot to attack a New York international airport. On 13 January 2011, Compton Eversley, a.k.a. Abdel Nur, 70, was convicted and sentenced in a Brooklyn federal court to 168 months in prison for providing material support to a conspiracy that planned to attack JFK International Airport in New York by exploding fuel tanks and the fuel pipeline under the airport. Eversley believed the attack would cause extensive damage to the airport and to the New York economy, as well as the loss of numerous lives.

Counterterrorism Capacities and Policies at Domestic Level

The Guyana Police Force does not have a dedicated counterterrorism unit. 

Downloads

Guyana 2009 Terrorism Financing Act

Guyana 2015 Anti-Terrorism Act