The Law Association of Trinidad and Tobago (LATT) is hoping that the key objectives of the current State of Emergency (SoE) are met and “realised in the shortest possible time”, as law-abiding citizens’ civil rights and liberties can be negatively affected during such a crucial period.
In a statement issued today on the matter, the LATT observed there is great potential for civil liberties infringements.
“The Government and the Police, with the declaration of a SoE, are now permitted, in treating with the problem, to act in a manner which is not consistent with the fundamental rights and freedoms afforded to the citizenry under Part 1 of the Constitution,” the Law Association noted.
“Nefarious gang violence may be the target of the prescribed treatment,” the LATT said, “but the corpus of our citizenry must also endure the treatment.”
On December 30, 2024, the State of Emergency (SoE) was declared in Trinidad and Tobago in accordance with Part III of the Constitution.
Pointing out that T&T’s murder toll for 2024 “reached a historic high”, LATT notes the rationale behind the SoE declaration was “that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.”
LATT points to instances of gang-related violence—"a direct threat to the safety of the citizenry of this country”—which it believes would have heavily influenced the decision to call an SoE at this time.
“Reports of communities operating under the effective control of certain gangs have been widespread,” LATT states. “There are widespread reports of members of the public being required to seek the ‘permission’ of gang ‘soldiers’ before entering certain communities. Service providers are reported to be unable to ply their trade in certain communities without paying compensation to those who represent themselves as being ‘in charge’ of those communities.”
“Public utilities reportedly remain un-serviced because repairmen are fearful of falling prey to extortion and violence,” the LATT release recounted. “Even the nation’s health workers, as they struggle to assist participants in and victims of violent gang activity, have been caught in the crossfire between warring gang factions.”
“The … utterances made by the Honourable Acting Attorney General of Trinidad and Tobago and the Honourable Minister of National Security when the SOE was declared, suggested that the Government and the Police had reason to believe that recent gang-related murders were likely to provoke retaliatory action,” LATT said, “and that the declaration of a SOE was necessary to treat with a feared further escalation in violent activity.”
It added: “This, of course, is a judgment call that is the Government’s to make.”
The Law Association is among the latest of several special interest groups to express its cautious support for the SoE.