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THE state of emergency review tribunal has received 10 requests for reviews of detention orders, six of which have reached the hearing stage, the tribunal’s secretary confirmed on September 26.
In response to questions from Newsday, the secretary said four requests were fully heard, while two remain part-heard.
The tribunal was appointed on July 21 by Chief Justice Ivor Archie. It is chaired by attorney and deputy chairman of the Environmental Commission, David Alexander, with attorneys Shivangelie Ramoutar and retired Major Arden Williams as members. Williams replaced attorney Kent Samlal in September.
On September 19, Prime Minister Kamla Persad-Bissessar told Parliament she was advised by police that 120 preventative detention orders were issued since the state of emergency began on July 18. Of those, 78 people were detained, 42 persons of interest remain outstanding, and 18 have been charged.
Nearly a dozen detainees have been housed at the army’s Teteron Barracks in Chaguaramas, where some complained about conditions. The Ministry of Homeland Security has denied the claims.
In response to Newsday’s questions, the secretary noted that the tribunal’s jurisdiction was limited to providing opinions and recommendations to Homeland Security Minister Roger Alexander, who will decide whether detention orders are confirmed or revoked. The tribunal is not mandated to investigate complaints about detention conditions.
On September 22 and 23, Chief of Defence Staff Air Vice Marshal Darryl Daniel and acting Prisons Commissioner Hayden Forde submitted memos to the ministry addressing allegations by senior prison officer Garth Guada that his detention at Teteron Barracks was “deplorable and inhumane.”
Daniel and Forde said Guada was the sole occupant of a refurbished cell outfitted with bunks, a bathroom and ventilation. They said he had access to daily medical services, meals and an adequate supply of water.
Guada was detained on August 21 under the emergency order, accused of enabling prison breaches for gang members. His attorneys allege his detention was politically motivated after he resisted unauthorised visits by Alexander to high-risk inmates.
The tribunal has not announced when it will submit its report to the minister. Guada’s attorneys say they are considering additional legal remedies, including judicial review and constitutional motions.
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