CJ to appoint state-of-emergency tribunal

REGULATIONS have been issued for setting up a tribunal to receive complaints from anyone detained under the covid19 state of emergency (SoE).

President Paula-Mae Weekes issued the regulations for the tribunal on Wednesday.

It will now be for the Chief Justice to appoint a chairman and two members for the tribunal. The chairman is required to be an attorney whom he considers fit to serve.

The Attorney General, after consulting with the Chief Justice, as chairman of the Judicial and Legal Service Commission, will be allowed to designate a public officer to function as secretary to the tribunal.

Under the regulations, anyone held during the SoE can, during their detention, ask for their case to be reviewed by the tribunal, which will then assign an attorney, if he/she needs but cannot afford one.

The expenses of attorneys assigned to a detainee will be defrayed out of money provided by Parliament, subject to any limitation imposed by the AG.

On reviewing a case, the tribunal may also make recommendations on the necessity, or expediency, of continuing to hold the detainee, although the authority holding the person is not obliged to act on the recommendations.

The regulations also allow the CJ to issue practice directions for the procedure to be followed by the tribunal, which will include electronic hearings.

In signing off on the regulations, the President directed that they have effect during the period of public emergency which she declared on May 15.