Maroc - NEWSDAY.CO.TT - A la Une - 07/Nov 16:21

Tribunal rejects claims of delay in reviewing SoE detentions

The State of Emergency Review Tribunal has pushed back against public criticism over its handling of Preventive Detention Order (PDO) reviews, saying recent statements reported in the media are “misinformed” and do not reflect the legal process it is required to follow. In a statement on November 7, the tribunal said it had taken note of comments attributed to attorneys representing detainees held under the state of emergency who claimed that decisions on their clients’ detention had been delayed or withheld. The tribunal described the claims as regrettable, particularly because they came from members of the legal profession “from whom one would expect responsible utterances informed by the facts and the law.” The tribunal stressed that under paragraph 8(1) of the Schedule to the Emergency Powers Regulations 2025, its role is limited to reviewing detention when requested and preparing a report for the Minister of Homeland Security, not for attorneys or detainees. The law requires the tribunal’s recommendations and opinion on whether detention should continue to be submitted only to the minister, who must then provide the relevant portion of the report to the detainee. “It is then for the minister to cause a copy of that part of the report to be delivered to the detainee,” the statement explained. According to the tribunal, it has already completed and forwarded reports on multiple cases. Reports were delivered on September 12, 19 and 28, as well as October 6, 9 and 22. Additionally, a decision on a preliminary application in another matter was sent to the detainee’s attorney on November 1. The tribunal said these dates demonstrate that it has been fulfilling its duties in accordance with the Emergency Powers Regulations, contrary to the claims made in recent newspaper articles. “The public is therefore assured that the tribunal has performed its functions in accordance with and pursuant to the provisions of the said schedule,” it said, adding that it will continue to review detention cases when applications are properly brought before it. The tribunal’s response comes amid growing national debate over the prolonged detention of dozens of people under the SoE, with attorneys and rights advocates arguing that the review process lacks transparency and violates fundamental fair hearing principles. The government has maintained that the measures are lawful and necessary for public safety. Earlier this week, a former national security minister and several defence attorneys called on the government to release people who have been detained for months without being charged, describing the situation as a serious breach of constitutional rights. Attorney Subhas Panday, in another newspaper, responding to reports that detainees at the Eastern Correctional and Rehabilitation Centre had begun a hunger strike over their prolonged detention, said holding citizens for extended periods without charge was “unjust and unconstitutional.” He also criticised the independence of the tribunal, claiming that because it was appointed by the Attorney General, it lacked impartiality. Panday also urged advocacy groups to press Homeland Security Minister Roger Alexander to investigate the detainees’ complaints. Detainees have also reported overcrowded and unhygienic conditions at the Arouca facility, including poor ventilation, constant lighting, limited outdoor time, and minimal medical care. Meanwhile, attorneys Sanjiv Boodhu and Darren Mitchell, who represent several detainees being held under PDOs, told Newsday the review process has stalled. They claim their clients appeared before the tribunal months ago but had yet to receive any decision. They argued that the tribunal’s failure to provide its reports to lawyers, while forwarding them only to the minister who signed the detention orders, undermines natural justice. The attorneys also criticised Police Commissioner Allister Guevarro’s recent support for continued detention under the SoE, saying police are using PDOs as a substitute for proper investigation. The review tribunal was appointed by former chief justice Ivor Archie on July 21, and not the Attorney General as claimed. The tribunal, created under section 11 of the Constitution, chapter 1:01, and paragraph 5(1) of the Emergency Powers Regulations, 2025, oversees reviews related to emergency powers. Attorney David Alexander was named chairman, with attorneys Kent Samlal and Shivangelie Ramoutar appointed as members. Samlal was subsequently removed and replaced with retired Army Major Arden Williams, also an attorney. The appointments were made in accordance with the authority granted to him under Section 11 of the Constitution and Paragraph 5(2) of the Emergency Powers Regulations. President Christine Kangaloo declared a SoE on July 18. On October 31, the government extended the SoE for a second three-month period in Parliament. The post Tribunal rejects claims of delay in reviewing SoE detentions appeared first on Trinidad and Tobago Newsday.