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Summary: A recently imposed curfew and its lack of a mechanism to notify family members of the detention of their loved ones has been a source of great distress to many parents concerned about the whereabouts of their children.
[9 September 2011] - Parliamentarians in Trinidad and Tobago have imposed a state of emergency until December, claiming it is necessary for dealing with continued security concerns since the measure was first brought into effect in mid-August in response to a sudden rise in criminal activity including 11 murders in 48 hours. Around 1,200 people have been detained as a result, yet many for minor offences such as breaking the recently imposed 11pm – 4 am curfew. Civil society groups have challenged the extension of the state of emergency describing it as a disproportionate use of security-based measures that infringes on people’s civil liberties. CIVICUS has called the State of Emergency as “draconian” and “inappropriate”, saying it disproportionately interferes “with the fundamental rights to freedom of expression, association and assembly enshrined both in the constitution of Trinidad and Tobago and throughout international human rights law.” “Trinbagonian citizens risk signing away civic freedoms that have taken forty-nine years of hard struggle and nation-building to win,” said Netsanet Belay, Director of Policy and Research at CIVICUS. CIVICUS also denounces that the State’s use of the controversial Anti-Gang Act 2011 and the Bail Amendment Act 2011 under the guise of “prevention” allows for the arbitrary detention of persons who fall within the vaguely defined category of “members of a gang”, and to subsequently hold them in custody without laying formal charges for up to 120 days. According to reports, the lack of a mechanism to inform family members of the detention of their loved ones is a cause for serious concern and distress for many parents unaware of the whereabouts of their children. Foreign Affairs and Communications Minister Suruj Rambachan said that in coming weeks the government will launch initiatives aimed at "preventing or discouraging the less fortunate citizens from engaging in a life of crime." Such initiatives include education programmes targeting young people in marginalised communities and a investigative team to probe the causes of criminality. However, there are reports that residents in traditionally marginalised areas feel victimised and harassed by police. One Trinbagonian citizen claimed "[t]here is no freedom… anymore. My life is a curfew. It won't stop crime. What will happen when the state of emergency is over? More crime and more crime." The political consultant and a director of Caribbean Development Research Services, Peter W. Wickham says that “[a] ‘crime spree’ is a most unfortunate development which does threaten public safety but it cannot be argued that a state of public chaos exists in Trinidad and Tobago as a result.” “The authorities in Trinidad and Tobago would do well to appreciate that the most effective deterrent to crime is the quick capture and conviction of criminals, which requires criminal intelligence and capacity NOT a state of emergency,” Wickham added. Wickham highlights that declaring a state of emergency negatively affects law-abiding citizens, leading to an invasion of privacy, the restriction of liberty, and the presumption of potential guilt that justifies arbitrary arrest and detention. Wickham finally questions whether the police could have dealt with the security situation under normal circumstances. “If the Police know the whereabouts… of criminals, gangs or leaders, they can and should apprehend these persons, …which can (and recently has) been done without a state of emergency.” Sources: The Associated Press, CIVICUS, Caribbean 360 Further Information: