Right to speedy trials is a must

THE EDITOR: The recent ruling by the Court of Appeal which determined citizens do not have a constitutionally guaranteed right to a speedy trial is deeply concerning and demands urgent attention and action.

This decision has profound implications for our justice system, especially for the most vulnerable among us – women and children who are victims of serious crimes like sexual violence.

The case in question involved the alleged rape of a 16-year-old girl by her football coach, a process that dragged on for years, inflicting severe psychological and emotional trauma on the victim.

The court's conclusion that there is no explicit right to a speedy trial under the Constitution is a narrow interpretation that fails to consider broader implications of justice delayed.

While our Constitution may not explicitly state a right to a speedy trial, it does guarantee the right to a fair trial and protection from inhumane treatment. Prolonged legal delays, especially in sensitive cases involving sexual violence, can be argued to constitute inhumane treatment and a violation of the fundamental right to a fair trial. The psychological toll on victims, exacerbated by drawn-out legal proceedings, cannot be ignored.

Moreover, this ruling conflicts with international human rights standards to which TT is a signatory.

Our Parliament must act swiftly to remedy this situation. Immediate steps should include amending the Constitution to explicitly guarantee the right to a speedy trial.

This will provide clear legal grounds for citizens to challenge undue delays. Additionally, statutory reforms should introduce strict timelines for criminal proceedings, particularly in cases involving vulnerable victims.

Enhancing judicial resources is also critical.

More judges, better case management systems, and increased support staff are essential to reducing backlogs and expediting trials. Establishing specialised courts for sexual offenses, staffed with trained personnel, can further ensure timely and sensitive handling of such cases.

Furthermore, comprehensive victim-support services must be established, including legal aid, counselling, and financial assistance to mitigate the adverse effects of prolonged legal proceedings. Strengthening legislative frameworks to protect and support victims throughout the judicial process is imperative.

Raising public awareness about the right to timely justice and the impacts of legal delays is also crucial. Advocacy for victims' rights and justice system efficiency should be a continuous effort, involving all sectors of society.

The court's ruling highlights an urgent need for a thorough review of our justice system’s treatment of cases involving vulnerable victims.

Parliament must take proactive steps to ensure that constitutional and statutory protections are aligned with both domestic needs and international human rights standards. The right to timely and fair justice for all citizens, particularly the most vulnerable, cannot be compromised.

RUSHTON PARAY

MP, Mayaro.