SoE tribunal sets guidelines to review detentions

THE review tribunal established under the emergency powers regulations has issued procedural guidelines to govern the review of cases for individuals detained under the state of emergency (SoE).

These guidelines were gazetted on January 9, and outline the rights of detainees and the processes for conducting reviews of detention cases.

The guidelines say detainees held under the regulations are entitled to request a case review by the tribunal. Requests must be made in writing and signed by the detainee or their representative.

Written are to be submitted via e-mail to the tribunal’s secretary at reviewtribunaltt@gmail.com and copied to the Minister of National Security. Alternatively, they may be delivered in person at the Office of the Attorney General and Ministry of Legal Affairs at the Government Campus Plaza, Port of Spain and copied to the National Security Minister.

On receipt of the request, detainees will be provided with grounds for their detention, sufficient particulars to enable them to present their case, and notice of the review's time and date. Detainees may present their case personally or through legal representation.

Reviews will be held in camera (closed to the public).

The guidelines said the tribunal is not bound by strict rules of evidence or court procedures, allowing for more flexible deliberations.

Virtual hearings may be conducted and will be guided by the Practice Guide for Electronic Hearings issued by the Chief Justice in 2020.

The guidelines also say the tribunal may assign legal representation to detainees who lack sufficient means, ensuring equitable access to justice.

Both the detainee and the minister may ask the tribunal to hear testimonies from individuals with relevant information.

The tribunal has discretion to accept or reject such requests.

Those allowed to be present at a review include the detainee; their legal representative if they have one; the minister’s representative; the law enforcement officer in whose custody the detainee was placed; the tribunal’s secretary; and any other person the tribunal permits to attend.

Reviews of each detainee will be heard separately and in the absence of any other detainee.

After reviewing a case, the tribunal will make recommendations regarding the necessity or expediency of continuing the detainee's detention.

The tribunal retained the authority to amend or supplement these guidelines as necessary.

The gazetted notice was signed by the tribunal’s chairman Deborah Peake, SC, and members Ian Benjamin, SC, and Lee Merry, SC.

Acting Chief Justice Nolan Bereaux appointed the three on January 2.

Legal Notice 1 of 2025, signed by National Security Minister Fitzgerald Hinds on January 2, was also gazetted and sets out the directions for detentions under the emergency regulations.

This directive outlines procedures for managing detainees, addressing breaches of discipline and provides a structured framework for the detention and discipline of individuals held under the emergency regulations.

The directions identified the designated detention centres, which include: Carrera Convict Prison; Women’s Prison and Remand Prison at Golden Grove; and the Eastern Correctional Rehabilitation Centre.

Detainees kept at one of those locations are to be provided with books, reading and writing material and visits, and are entitled to receive and send letters, subject to conditions determined by the Commissioner of Prisons.

The Prison Commissioner also has the power to remove a detainee to another detention centre if any detainee is considered to be exercising influence over another or a threat to public safety or order.

The directive specifies acts constituting breaches of discipline, including disobedience, abusive language, possession of prohibited items, escape attempts and incitement to riot.

Punishments range from forfeiture of privileges to confinement, depending on the severity of the breach. Breaches involving serious offences, such as violence or riot, may result in additional legal charges in court.

Detainees can appeal punishments to the Commissioner of Prisons or the Inspector of Prisons within specified timeframes.

Inspectors and medical officers must make regular visits to detainees in cellular confinement.

On December 30, the President declared a state of emergency as a result of escalating gang-related violence.

The emergency regulations grant extensive powers to law enforcement, including detentions, restrictions on movement, and limitations on speech deemed prejudicial to public order.

The regulations also provided for setting up the tribunal to receive complaints from anyone detained under the SoE.