[UPDATED] 35 witnesses deported – Government ships out Venezuelans held after shooting at sea

Less than a week after they arrived in Trinidad, 35 Venezuelan migrants were deported even as enquiries continue into the circumstances surrounding the shooting death of a child which was aboard the same boat they were travelling in.

A media release from the Ministry of National Security on Friday reported that 35 of the 37 migrants who were aboard the same boat as one year old Ya Elvis Santoyo were repatriated.

Newsday understands that the captain of the vessel is still being held by TT authorities.

Santoyo was killed when members of the coast guard fired at the boat he was travelling in.

A media release from the coast guard claimed the shots were fired at the boat's engine to get it to stop.

His mother was wounded and remains warded at the Sangre Grande Hospital.

The incident is the subject of separate investigations by the Coast Guard and the police.

On Thursday the migrants through their attorneys Criston J Williams and Siddiq Manzano sent a letter to the Ministry of National Security seeking permission to stay in the country until the investigation into Santoyo's death was completed, adding that they were witnesses to the event and could be useful for the enquiry.

In the 14-page document which was sent to the ministry on Thursday, the attorneys cited policies and regulations held by the United Nations and other regional human rights bodies on the responsibility of countries in repatriating migrants.

The document also noted that applications for refugee status were filed on behalf of the migrants at the UNHCR and asked for permission to be granted until their status could be decided.

Contacted for comment Williams said he was shocked by the government's decision to repatriate the migrants given their value to the probe into Santoyo's death.

He said after speaking with relatives of the repatriated migrants concerns were raised over their safety on return to Venezuela.

Referring to the Human Rights due diligence policy of United Nations support, Williams said it was likely that the repatriation could draw further scrutiny to TT from international bodies.

"I have been in contact with relatives of the migrants in TT who are awaiting communication with them but with respect to two of my clients, the husband has expressed a serious fear that they may be imprisoned.

"There are some who say that this deportation may violate the rights of the migrants and that is something I share a concern about, I would dare say that a risk assessment will be done by inter governmental bodies of the United Nations and this risk assessment will basically be an investigation on how we apply our human rights and due diligence in human rights.

"These are the things they will look at."

Asked if any legal action would be initiated against the government for the deportation, Williams said he would await further instructions from the migrants before taking any action.

Newsday also contacted executive director of the Caribbean Centre for Human Rights (CCHR) Denise Pitcher who said she was concerned by the repatriation given the seriousness of the investigation.

"We are very deeply concerned by these actions by the State and I would just say generally due process has been undermined, the Constitution has been undermined, justice has been undermined.

"Most of these migrants are witnesses to what may be a possible crime and are witnesses to an ongoing investigation so it's deeply concerning that they were deported before the investigation was concluded."

Pitcher also said TT was violating its obligations under the refugee convention as it was unclear whether the application of asylum was granted noting the relatively quick deportation.

Newsday attempted to find out from the police and the Coast Guard if the migrants were interviewed in relation to the investigation into Santoyo's death before their deportation on Friday but attempts to contact both bodies were unsuccessful.

Newsday also attempted to contact National Security Minister Fitzgerald Hinds via phone call and WhatsApp but did not receive a response up to press time.

This story was originally published with the title "Govt deports 35 migrants back to Venezuela" and has been adjusted to include additional details. See original post below.

A DAY after attorneys sent a letter requesting permission for the boatload of migrants involved in a shooting incident with the Coast Guard on the weekend in which a baby was shot dead, to stay in TT pending the outcome of the investigation, 35 of the 39 migrants found on board the have been sent back to Venezuela on Friday.

The migrants were aboard the same vessel as Ya Elvis Santoyo who was killed when coast guard officers opened fired on Saturday night.

The Coast Guard claims the shooting was in self-defence as the vessel tried to ram the Coast Guard boat. The migrants are claiming differently saying there was no warning from the Coast Guard and that after two flares were fired, gunshots rang out.

Santoyo's mother was wounded during the incident and remains warded at the Sangre Grande Hospital.

A media release from the Ministry of National Security confirmed the deportation of the 35 Venezuelans.

The ministry noted that none of the migrants were victims of human trafficking adding that the exercise to send the 35 back home involved the co-operation of the Venezuelan authorities.

On Thursday, one of the attorneys representing the migrants Siddiq Manzano sent a letter seeking a minister's permit from Minister of National Security Fitzgerald Hinds that would allow the migrants to stay in TT until the probe into Santoyo's death was completed.

In the 14-page letter, a copy of which was sent to Newsday, the attorney argued that TT had a responsibility to ensure the safety of people who co-operate with investigations.

They also mentioned that the migrants who were kept at the Chaguaramas Heliport were material witnesses to the shooting incident, adding that their account of what transpired differed from the official version of the Coast Guard.