American sanctions on and visa revocations (of thus far some 100) Guyanese have been making the rounds in the media over the last month. Almost every day, over the last month, there is a report on visa cancellations in social media – a resultant American response to egregious acts of corruption (including money laundering, smuggling of gold, etc.). Questions were raised about the fairness of the American actions. Many Guyanese queried: Did the American authority adhere to their own fundamental principle of due process when leveling allegations and sanctioning Guyanese and cancelling visas.
Any student of law or political science or education in USA and every high school student must take at least one course on fundamentals of American Constitution, especially on rights enjoyed by the people and by entities. Due process is a fundamental constitutional guarantee of the US judicial system, whether at school, employment, and in almost every aspect of life when a person is accused of wrong doing. It is the central tenant of justice and the preservation of liberty and by extension democracy. An individual must be treated according to established rules and procedures when suspected of committing a crime. The accused must be told of the crime and allowed to present a defense if he or she so chooses. This is to ensure that government or the public does not accuse people willy nilly of crime and run roughshod over a person’s natural rights.
A person “cannot be deprived of life, liberty, or property without due process of law” in American jurisprudence, the constitution expressly states. It applies in both civil and criminal matters. America is among a few countries that strongly respects and adheres to this long-respected principle and judges don’t compromise on it. Cases against accused were known to be dismissed in court when the principle of due process was violated. Was the democratic principle of ‘due process’ adhered to in effecting penalty on Guyanese and nationals of other countries in their transgressions of American laws? The sanctioned individuals and those whose visas were revoked would know.
There are rare exceptions to the rule of due process, especially as relates to matters of national security – and would apply to (would be) migrants (visitors, foreign students, residents) and even to American citizens, especially after 9/11. Non-Americans outside of American jurisdictions (Guyanese and other nationals) are not covered by due process clause. Foreign nationals in American jurisdictions would enjoy the protection of due process. They would be given a hearing except at the airport they could be deported after questioning as indeed happened to several Guyanese and nationals of other countries.
Guyanese are advised that a recently enacted American law against acts of corruption (including gold smuggling) and money laundering in foreign states and against individuals and entities that conduct business with unfriendly (or sanctioned) states is being earnestly enforced by the US Treasury Department. Investigations of Guyanese who ran afoul of the American anti-corruption and anti-money laundering laws were carried out and punitive actions taken. Accused would be given an opportunity to plea their case should they be charged (indicted) and extradited to face charges. One cannot rule out the possibility of indictments because the American law calls for full enforcement and justifiably so. It is a way to deter corruption although it is too early to tell whether it is working in Guyana and elsewhere.
