SoE detainees remain lawfully detained until November 2

Scores of detainees were under the mistaken belief that the state of emergency (SoE) ended on October 28, though the current proclamation remains in force until November 2.

The SoE, declared by the President and extended by Parliament in July, continues for the full three-month period authorised under the Constitution. Government sources clarified that Parliament’s move to debate a further extension ahead of the deadline “does not shorten” the existing term. It was explained that the SoE began on July 18, when it was declared by the President. Although Parliament approved the extension on July 28, it did not cut short the proclamation’s period of an initial 15 days. The extension kicked in from August 2 for three calendar months. The second extension will take the SoE into the new year.

The clarification came amid threats of legal action from attorneys representing detainees held under preventive detention orders signed by Minister of Homeland Security Roger Alexander. Attorneys argued that continued detention of their clients after 11.59 pm on October 28 was unlawful, as they believed the SoE had expired.

However, government sources confirmed that the initial extension runs lawfully through November 2, and the upcoming parliamentary debate on October 31 to extend emergency powers further does not affect the current validity of the detention orders.

“The detention of your client remains lawful at this time under the provisions of the Emergency Powers Regulations, 2025,” attorneys for the police service said in correspondence. They also noted that the authority to detain fell “within the ambit and purview of the Minister of Homeland Security, not the Commissioner of Police nor the Trinidad and Tobago Police Service.”

Over 80 detention orders have been issued so far.

Meanwhile, Commissioner of Police Allister Guevarro welcomed the Government’s decision to seek a three-month extension of the SoE, saying continued vigilance was necessary to maintain national stability.

In a voice note circulated to the media, Guevarro said the immediate threat that led to the SoE declaration on July 18 had been neutralised but warned that criminal networks remain adaptive.

“The initial threat that prompted the SoE was addressed decisively,” he said. “However, criminal networks are adaptive. When leadership structures are disrupted, others attempt to fill the void. Our disruption phase was successful, but the dismantling phase requires sustained precision.”

He confirmed that several individuals linked to organised crime have gone into hiding but said the police service remained focused on intelligence-led operations.

“The situation is dynamic,” Guevarro said. “Significant progress has been made, but our work continues to ensure long-term stability. The decision to extend the SoE lies squarely with Parliament – it is not within the authority of the Commissioner of Police or the TTPS to determine duration.”

Prime Minister Kamla Persad-Bissessar announced on October 26 that a motion to extend the SoE will be debated in the House of Representatives on October 31. She said the decision followed a recommendation from Guevarro, who submitted a classified report to the National Security Council.

He said the TTPS recommendations were based solely on local intelligence and operational assessments.