As fate would have it, this column is being published the very day the government proposes to seek parliamentary approval for an extension of the current State of Emergency (SoE). This will apply for three months beyond its June 17 expiration.
A statement from the Office of the Attorney
General last Sunday indicated that support for the decision derives in part
from an impact assessment related to SoEs spanning the period December 2024 to
May 2026.
This criss-crosses political
administrations and, hopefully, the ensuing discussions will extend beyond the temptation
to contrast and compare, with querulous, partisan points in mind.
Instead, it is to be hoped that an honest,
thorough explanation of the manner in which such an intervention has been able,
in the past and today, to satisfy all constitutional and good governance benchmarks
and to meet valid objectives.
The AG, as a professor of law, would have
more than once elaborated to his students the key pre-conditions set out under
Sections 8-10 of the Constitution and all the important features that distinguish
their extraordinary nature.
Section 8 contains the substantive grounds
for declaring an SoE, while Sections 9 and 10 address duration and
parliamentary oversight.
Recourse to an SoE generally unsettles
people with a concern for the maintenance of human rights in all its facets, mainly
but not solely through the stated rationale, and the framing and application of
accompanying regulations. This is important since it focuses on the performance
of official agencies entrusted with their enforcement.
Within that context, the role of state security
agencies is deemed singularly important – the police service and military in
particular.
The citizenry is fully entitled to closely
scrutinise this feature of SoE implementation. And the issues to which people
and their representative civic institutions should pay the greatest attention.
Sometimes it is difficult to maintain clear
focus through the haze of partisanship and political sycophancy. But responsible
broader community intervention should routinely occur to bring under sharp
scrutiny some key attributes of police and other official behaviour.
As discussed in last week’s edition of this
column, public trust is indispensable when it comes to state actions that impinge
on civil liberties and require us to concede otherwise protected space.
It starts with pervasive confidence in the
soundness of a decision to travel such a path. I cannot say this is either
universal or completely immune from irrationality in either support or opposition.
Whatever prevailing predispositions, there is a case to be respectfully and
competently made.
There are several key actors in the
management of public emergencies, and the executive is only one of them. Let’s
focus on another principal player, the Police.
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| The Police of Trinidad and Tobago at work |
The slothful path being taken to recognise
the value of body cameras is a simple example. The prohibitive default posture when
it comes to public dissent is another.
But there are wider, already acknowledged
shortfalls on questions of criminal detection rates and, even further, eventual
conviction within the framework of our criminal justice system.
As it is – and to cite just one issue -
there is a more likely chance than not of a criminal getting away with murder. This
is even when there are more sharply focused laws, harsher penalties, and even
emergency powers to skip some elements of legal processes.
The experience of the latest round of SoE conditions
appears to reinforce the point. Impunity remains the norm however rigid, even fatal,
the application of regulations.
There is also a need for greater
transparency and accountability by the TTPS, and the equipping and positioning of
the Police Complaints Authority and other agencies to ensure this is achieved
when things appear to go wrong.
Persistent concerns remain regarding
corruption, poor professional standards, and the need to strengthen
police-community relations.
None of these is irrelevant to how
emergency powers are administered and accepted by law-abiding citizens.
Hopefully, some guidance will be provided
in the House of Representatives today. It’s the least we should all expect.





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