Pellau Magazine: PM Persad-Bissessar announces limited state of emergency in 'hotspots' to fight crime

Font size:

Prime Minister Kamla Persad-Bissessar

August 21, 2011 9 pm: Prime Minister Kamla Persad-Bissessar has announced a limited state of emergency and curfew in ‘hotspots’ in Trinidad and Tobago to deal with escalating crime. The measure takes effect at midnight. Details of the ‘hotspots’ and times of the curfew will be disclosed on Monday by the Minister of National Security, Brigadier John Sandy.
Speaking at a press conference just before 8 pm on Sunday at her private residence in Phillipines, the Prime Minister said “after much deliberation it has been agreed that Government will impose a limited state of emergency in hot spots across the country”.
She said the proclamation giving effect to the decision was on its way to His Excellency the President for signing. The proclamation will be accompanied by the Emergency Powers Regulations which sets out more details of the limited state of emergency and the Emergency Curfew Order which will be put into place to allow for curfews in certain areas at various times.
The decision followed her meeting with the National Security Council and a special Cabinet meeting which lasted several hours and was expected to continue following the press conference.
She said the limited state of emergency will help government to “achieve a number of things” which she felt would not be prudent to disclose.
The Prime Minister said ‘there comes a time in the history of a nation when we have to take very strong action; very decisive action”.
She said until the recent upsurge in murders, the nation was “encouraged” by the statistics which showed a decrease in crime. But she pointed out that “a problem of this nature has been due to years of neglect and will not disappear overnight”.
“The current crime spree dictates that more must be done and stronger action must be deplored now...it must be a response that will hold the current spike in gang activity and crime in general in the shortest possible time.”
The Prime Minister was optimistic about the new measure.
“We will succeed. Our nation must not be held to ransom by groups of thugs bent on creating havoc in our national community...we will hunt them down and we will search them out and bring them to justice,” she promised.
She said the limited state of emergency pursuant to Section 8 (1) and Section 8 (2) of the Constitution was part of a “larger aggressive plan using both police and the military”.
She called on citizens “to bear with the inconveniences that may arise from time to time” pointing out it “is in everyone’s interest”.
Persad-Bissessar said nothing was more important to ensure a life of peace and tranquillity.
She noted that while the Constitution gave rights and freedoms, it also provided for measures like a state of emergency.
She said it was not an easy decision to trigger Section 8 of the Constitution but the greatest protection had to be given to citizens.
She explained that the limited state of emergency will give military personnel powers to search and seize and powers of arrest and would augment the manpower of the police service.
Addressing concerns that the criminals might "migrate to cold spots" the Prime Minister reassured that “we have mechanisms to deal with that migration”.
In terms of the time frame for the limited state of emergency, she explained that the law provided for the measure to last up to 15 days, and further extensions must be taken to the House of Representatives. She said the measure would be reviewed daily based on how and what is achieved.
Noting that the Leader of the Opposition Dr. Keith Rowley had indicated his willingness to meet with Government to discuss the crime level, the Prime Minister said she will “certainly entertain discussions” on legislative measures, as it related to the failed Capital Punishment Bill and the establishment of a Gun Court as well as the limited state of emergency.

FOR more info: http://www.news.gov.tt/index.php?news=9020

Laws on Limited State of Emergency

Taken from the Constitution of the Republic of Trinidad and Tobago

EMERGENCY POWERS

7.- 1. Without prejudice to the power of Parliament to make provision
in the premise, but subject to this section, where any period of public
emergency exists, the President may, due regard being had to the circumstances
of any situation likely to arise or exist during such period make regulations
for the purpose of dealing with that situation and issue orders and instructions
for the purpose of the exercise of any powers conferred on him or any other
person by any Act referred to in subsection (3) or instrument made under this
section or any such Act.

2. Without prejudice to the generality of subsection (1) regulations made
under that subsection may, subject to section 11, make provision for the
detention of persons.

3. An Act that is passed during a period of public emergency and is expressly
declared to have effect only during that period or any regulations made under
subsection (1) shall have effect even though inconsistent with sections 4 and 5
except in so far as its provisions may be shown not to be reasonably justifiable
for the purpose of dealing with the situation that exists during that period.

PERIOD OF PUBLIC EMERGENCY

8.- 1. Subject to this section, for the purposes of this Chapter, the
President may from time to time make a Proclamation declaring that a state of
public emergency exists.

2. A Proclamation made by the President under subsection (1) shall not be
effective unless it contains a declaration that the President is satisfied-

a. that a public emergency has arisen as a result of the imminence of a state
of war between Trinidad and Tobago and a foreign State;

b. that a public emergency has arisen as a result of the occurrence of any
earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious
disease, or other calamity whether similar to the foregoing or not; or

c. 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.

GROUNDS FOR, AND INITIAL DURATION OF PROCLAMATION

9.- 1. Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specific grounds on which the
decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later than fifteen days from the date of the Proclamation.

2. A Proclamation made by the President for the purposes of and in accordance with this section shall, unless previously revoked, remain in force for fifteen days.

EXTENSION OF PROCLAMATION

10.- 1. Before its expiration the Proclamation may be extended from time to time by resolution supported by a simple majority vote of the House of Representatives, so however, that no extension exceeds three months and the extensions do not in ths aggregate exceed six months.

2. The Proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both Houses of Parliament and supported by the votes of not less that three-fifths of all the members of each House.

3. The Proclamation may be revoked at any time by a resolution supported by a
simple majority vote of the House of Representatives.

4. In this Chapter “period of public emergency” means any period during
which-

a. Trinidad and Tobago is engaged in any war; or

b. there is in force a Proclamation by the President declaring that a state of public emergency exists; or

c. there is in force a resolution of both Houses of Parliament supported by
the votes of not less than two-thirds of all the members of each House declaring
that democratic institutions in Trinidad and Tobago are threatened by
subversion.