Tribunal Hearing Held as Authorities Consider Extension of State of Emergency

Reports, which are yet to confirm, are that the proper authorities are looking to extend the State of Emergency (SoE).  We understand, however, that much of the deciding factors would rely on the report from the tribunal.  This morning saw the recently installed tribunal hold its first hearing for the persons detained under the State of Emergency (SoE).  After being held at the Belize Central Prison for some 77 days, the three-member tribunal met with the detainees after which they will present recommendations to the Minister of Home Affairs.  From there it would then be determined if the men would be released or if the SoE would be extended.  Attorney Orson Elrington showed up at the prison today with his client, and found that several constitutional rights were infringed upon including him not being able to meet with his client prior to the tribunal hearing.

Orson Elrington, Attorney: “A person who is detained under this provision must within seven days of being detained be provided the reason in writing along with the particulars for the reason for their detention. So essentially they must be provided with disclosure for why it is that  they are being detained and their rights curtailed under the state of emergency. That has been breached. Secondly is that as a part of the constitutional safeguard, a state of emergency tribunal is supposed to hear the hear from the state essentially their reasons for detaining a person and the person who is under detention would have the chance to respond. Now that has to happen within thirty days of the person being detained under the state of emergency. As you have already acknowledged firstly the tribunal has only been recently set up. So obviously, many persons’ rights have been violated because they did not fall within the parameters of the 30 days which is clearly stated in the Constitution. Another safeguard is that persons who are detained under this provision should be allowed to consult with an attorney and to have the attorney appear before the tribunal. The prison has outright said, at least to us, that you need to go and get an order from the court, which nowhere in the Constitution says that whatsoever. It says that a person who is detained under the state of emergency has the right to communicate and to consult with an attorney. Now, this morning, I must commend the tribunal. The tribunal did not, again, how I got this information, I cannot say how I got the information that my client  was to appear before the tribunal this morning. But I got the information that my client was supposed to appear before the trial. I was not able to consult with my client. Even when I got there I was not able to consult with my client. Only when I was entering into the room with my client was I able to speak to my client. All right? So that provision in the Constitution has also been violated. So all of these safeguards in place are not being complied with by the state.”

The State of Emergency saw dozens of men picked up under preventative detention in the latter part of June.  These very men will be appearing before the tribunal to give reason why they should be released later this month.  The tribunal is made up of the Chair, Attorney Jose M Alpuche and two former Police Commissioners, Gerald Westby and Jose Carmen Zetina.