- NEWSDAY.CO.TT - A la Une - 26/Aug 17:36

SoE tribunal receives 3 detention review requests

THE Review Tribunal established under the Emergency Powers Regulations, 2025, has received three application requests for review of detention. In response to questions from Newsday, the tribunal’s secretary confirmed the application requests on August 22. However, there are no hearings scheduled at the moment. The tribunal’s chairman, David Alexander, along with members Kent Samlal and Shivangelie Ramoutar, were appointed by Chief Justice Ivor Archie on July 21. Procedural guidelines for detainees seeking to challenge their detention during the ongoing state of emergency were gazetted on August 13. The guidelines outline how detainees or their legal representatives can request a review, the steps the tribunal will take and the rights of those in custody. According to the guidelines, any person detained solely under the emergency powers regulations or related laws can request a case review by submitting a written, dated and signed application to the tribunal’s secretary, with copies to the minister responsible for security. Requests may be delivered by email or hand to the tribunal’s secretary at the Office of the Attorney General, Port of Spain, and copied to the Minister of Homeland Security at Temple Court, Abercromby Street. Requests for reviews can be e-mailed to reviewtribunaltt@gmail.com and copied to the Minister at ralexander@mns.gov.tt; or videshmaharaj@mns.gov.tt. Requests must be signed by a representative or legal counsel. Allowances are given for those who can't sign. It was stated that once a review request was received, the secretary had to promptly notify the minister, who was required within seven days to provide the grounds for the detention along with any other relevant particulars, having regard to the public interest. Upon receiving this information, the secretary has to give the detainee the particulars supporting the grounds, the date and time of the review, and other relevant information. It was explained that the detainee could present his or her case personally or through a legal representative, and only specified persons – including the detainee, their lawyer, a representative of the minister, the relevant law enforcement officer, the tribunal’s secretary, and any other permitted person – could be present. Reviews would be conducted separately for each detainee, could be held virtually, and would take place in private. At the start of the review, the detainee would confirm that the request had been made by them. Both the detainee and the minister could make oral or written submissions and could ask the tribunal to hear witnesses with relevant information. The tribunal could question anyone appearing before it, exclude disruptive persons, and proceed in the detainee’s absence if illness or other reasons made their attendance unreasonable. It was further stated that legal aid could be assigned if the detainee lacked means and the tribunal considered it desirable, and the tribunal could adjourn proceedings and request further submissions or information. At the end of the review, the tribunal would make recommendations to the detaining authority on whether to continue the detention, and it reserved the right to amend the guidelines. The tribunal is not bound by court rules of evidence, and also reserves the right to amend its guidelines as necessary. The guidelines allow for virtual hearings, adopting the Judiciary’s 2020 electronic hearing standards, and permit detainees to appear in person or through legal counsel. President Christine Kangaloo declared the state of emergency on July 18 following intelligence reports from Police Commissioner Allister Guevarro, who cited threats from organised prison gangs allegedly co-ordinating murders, kidnappings and attacks on officials. The post SoE tribunal receives 3 detention review requests appeared first on Trinidad and Tobago Newsday.