Attorney Says SOE Violated His Client’s Rights

As we reported on Tuesday, several young men and women were released from the Belize Central Prison after they were held for ninety days or less as part of the country’s State of Emergency. But a few of them claim that they were wrongfully imprisoned, and they are contemplating civil suits against the Belize Police Department, and by extension, the Government of Belize. According to Attorney-at-Law, OJ Elrington, his client, Ronlee Petillo, is only one of a few who have indicated that they are considering suing the government. News Five’s Marion Ali reports.

 

OJ Elrington, Attorney at Law

“I’m bringing a constitutional claim on behalf of Ronlee Petillo against the Government of Belize. We have other persons who are represented in the tribunal, and who were detainees under the State of Emergency who are seriously considering bringing their claim.”

 

Marion Ali, Reporting

Attorney Orson Elrington says that his client, Ronlee Petillo, a man who is known to the law, was detained prior to the state of emergency taking effect in June and was simply held in custody until the SOE expired.

 

OJ Elrington

“Prior to the State of Emergency, he was incarcerated and so he had been incarcerated from May of last year. And so he was granted bail by a judge of the Supreme Court. And when he was granted bail, they purportedly kept him detained under the State of Emergency powers.”

 

In the case of Devon Nicholas, he was also swept up as part of the SOE and released when it expired.  He says, the ninety days behind bars unnecessarily robbed him of a lot of things.

 

Devon Nicholas, SOE Prisoner

“I nuh eena no gang, and I want dehn left me lone. I tired ah goh pahn S.O.E. I tired ah punish. I gone da jail three months, sleep on a hard bed, two months sanctioned, I nuh deserve that. Then they wa tell me bout I need a gun to come out. I nuh have no gun fi come outta road. So how I wa find a gun. I nuh wa deh out ya and have nobody chance me. I have pikney fi feed. I da nuh no gang member. I never get charged fi eena wa gang yet. Yoh get the sense? Dehn wa charge me fi be eena wa gang.”

 

Marion Ali

“You were working when they picked you up?”

 

Devon Nicholas

“Yes, ma’am. I worked for L.I.U weh keep claim me under P.I.V. I da nuh wa P.I.V. I nuh have a gang [sign] weh she P.I.V. So how you wa pick up me and I deh eena my house now with my pikney. You come fi me and lock me down and tell me I deh pahn SOE. My name call fi SOE.”

 

Raymond “Footie” Gongora, a volunteer with the Leadership Intervention Unit, says that it is likely that indeed a few innocent persons are imprisoned as part of the SOE.

 

Raymond “Footie” Gongora, Volunteer, L.I.U

“I’ll be honest, the SOE is like a gillnet. And a gill net means that you just sweep, pick up a bunch of people and everybody goes there. So yes, you would say yes, probably there were one or two innocent people, but for the most part, many of them really belong there.”

 

Elrington says that because the state of emergency powers are wide-reaching and extraordinary, there are safeguards for persons who are detained. Section Nineteen of the constitution protects the rights of persons who are detained. Elrington speaks to those.

 

OJ Elrington

“Firstly, obviously it is that you should be told, given in writing, the grounds and the particulars of why it is that you are being detained under the state of emergency powers. Subsequent to that, within fourteen days, they’re supposed to publish it in the Gazette to say that this person, Marion Ali has been detained under the state of emergency, and these are the reasons and the powers which grant us the power to be able to detain her. After that, within thirty days, you must be allowed to appear in front of a tribunal. Where day would then make a determination and a recommendation to the minister that this person is either a lawfully being held or unlawful being held. The minister can, according to the Constitution, either accept or not accept that recommendation.”

 

Elrington says the state must also allow the detainee the right to hire an attorney and to be able to consult with their attorney prior to their appearance at the tribunal. He shared that when his client appeared before the tribunal, the state admitted that his client was never a part of an active investigation under the SOE. The recommendation was for Petillo to be released on September fourteenth, but he was kept incarcerated for an additional six days. Elrington says that taking from this experience, the state needs to ensure that the rights of persons not linked to the SOE are not violated.

 

OJ Elrington

“When it is that you do implement the state of emergency, these mechanisms must be put in place and ensure that they are adhered to, not for the guilty, not for the criminal, but for the innocent person.”

 

Marion Ali for News Five.