Last night, we took you into the Queen Street Police Station - to show you the holding cell where over 60 men had been in detention for 6 days.
They were detained under the state of emergency that has been declared for 2 areas of Belize City. Additionally, the cops say that they are a threat to public safety, either through their supposed involvement in criminal gangs, or their participation in illegal activities, such as firearms and drug possession.
Their extended police detention may well have afforded the City a calm 10th of September weekend, but, critics are pointing out that from a human rights perspective, it just seems inhumane to lock down men, and load them into a crowded cell for 7 days without charges.
Well, today was that 7th day, and majority of the men were finally told in writing why exactly they were picked up, which legal minds tell us had to be done, or else the police would be running afoul of their authority under these emergency measures.
We've gotten a copy of the documents handed over to the detainees, and we're told for the most part, they are generic, but they are all signed by National Security Minister John Saldivar.
The document reads, quote, "Reasons for detention: Pursuant to Regulation 18… of the Belize Constitution (Emergency Powers) Regulation 2018, the Minister of National Security signed an Order for your detention…Section 19 (1)(a) of the Constitution of Belize requires that you are to be provided with written ground upon which you are detained. Those grounds are as follows:
1. That you are engaged in acts prejudicial to public safety and public order, or the instigation of such acts and more specifically that you are engaged in: 1, in gang activities, 2, illegal possession of firearm and ammuition, and 3, murder…" End quote.
The document continues that the Minister is satisfied the detainee is to be detained from September 11th, until the end of the period of public emergency. It then continues that the detainee, quote, "is to be detained at Belize Central Prison or at such other place as may be authorized by the Minister".
And the Belize Central Prison was exactly the place that majority of the detainees were sent this afternoon. The Police transport for prisoners was loaded up with the men all deemed to be threats to public safety, and they were taken to Kolbe.
7News was at the Queen Street Police Station when the cops were preparing to take them up to the Prison, and we met several defense lawyers who completely disagree with how the state making use of these emergency powers.
Here's what attorney Leeroy Banner had to say after he read the documents for a few of his clients who were sent up today:
Leroy Banner - Attorney
"My clients are very much upset with the way the police are handling the situation. They were held for 7 days and only today they were told the reasons for their detention. We were given some reasons. I need to go through them, but it seems to be saying that most of them are involved in gang activities and in possession of illegal firearms, but our contention is that these guys were never ever involved with any kind of gang activities and being held is a violation of their constitutional rights. So I will need to go through the reasons properly. I have to go to prison today and consult with them because when I came here this morning the police, understandable, they were dealing with so many guys and it was not conducive to speak with them at the police station because of the noise. Tomorrow or sometime today I will go to the prison and I will sit down with them and tell them what I think about the reason for them to be held and whether or not I think it is unconstitutional or not."
Reporter
"Do you think that it is draconian at the very least though?"
Leroy Banner - Attorney
"Of course. You cannot just detain someone without evidence. That's the first thing you need. So the police must have some kind of suspicion that these guys were involved in some kind of gang activities. So you cannot say that because you live in a particular area, automatically you are a gang member. Who will come and say that these guys are gang member? Where is the evidence to support that? So we are saying that on the face of it and the reasons given today, to me it seems that the law is being use unlawfully."
And attorney Audrey Matura-Shepherd agrees with him. She was there to look after the interests of 2 minors who were caught up in the police net to detain all the civilians they think are threats to public safety. She said that she disagrees with the application of these emergency powers that have been given to police. Here's how she explained it:
Audrey Matura-Shepherd, attorney
"I found out that there are 2 minors here being held along with adults and it's really unfortunate to find out that basic things like bathing daily they don't get to do. Some of them have not have changing of clothes and that's not only the minors, the adults. Initially they were being provided food by the police, but now they just recently, a couple days I think from yesterday, they have allowed the families to bring food for them. They sleep on the floor, because there is nothing. I mean not even a cardboard to sleep on. Unfortunately, because the place is so packed - they are trying to put 30 men in a little cell which is not even 10x10. Clearly they have to be lying next to each other like if its sardines I would say. They don't have good waste facilities - one says that he has to pee in a bottle when the officers don't get up to help him get to a bathroom. When they get desperate they say they pee and poo in the plastic bag, unfortunately. And so it seems that the conditions itself is really bad."
"Under section 18 of the constitution they suspend all of their rights. One of their rights they can't suspend is humane treatment and being placed in such a unhealthy environment is inhumane in and of itself. The state can say that they can perpetually detain them, but that's not true. While the initial state of emergency is for 30 days, within those 30 days there are specific conditions that must be complied with by the state and one of them is found that section 19 of the constitution, the subsection that deals with the fact that the police 7 days after your detention, had to tell these gentlemen orally why they are here and then after that had to give them in writing the reasons. I got 2 of the papers, because 2 of them got these papers and 2 didn't."
"This is what is amazing about this, because it says here the reasons why under section 19 they are being detained. I won't call name. For one, they say "involved in gang activities, illegal possession of firearms, involving in drug trafficking." If that is true, then they didn't need to do preventative detention of these gentlemen. If they [police] knows that they are involved in that - if you are saying someone has possession of firearm and ammunition, that's means you found them with it. Possession means you have it. Not that it's left at some place. So then there should have been charges, They don't need to be detained and release in 30 days. They need to be arrested and charged and prosecuted and hopefully there is a conviction. Those who clamor and say oh you are defending criminals - if it was their turn and it was their families, they would have wanted due process as well."
We also found a number of parents and family members of these detainees, who were all livid. We approached them for an interview, and majority of them declined except Sebastian Nunez Senior. He said that his son is no gangster, and that this police sweep is getting in the way of his application to become a BDF recruit. Here's what he had to say:
Sebastian "Sabe" Nunez, Concerned father
"I have no objection to the police officers to the job what they are doing. We all need help with the crimes that are happening in our city, yes. But as the police says they know exactly who they want and who they are looking for. I have 4 sons; I have one son who works for the police as mechanic, I have 3 sons with me out here. Right now one is in prison. The police grabbed one from last week Monday when they started to pick up everyone on the street. My son works with me at Finnegan Market, because we wash cars in the morning time. My son woke up and came to meet me out there to wash cars, the police freeze my son and took my son to the station from Monday and now today is Wednesday - have my son for so long and now my son called me and told that they are looking to send him to Hattieville prison."
"My son went to do BDF test. My son passed the test and got a call to come back in on the 20th September to do his medical. He is to go back in on the 7th October for the 3 months training. Now how can my son do these things with the opportunity when he got hold down by police wrongfully? I have no objection with the police officers for doing their job, but my son is not a menace to society, a gang banging man like that to do thing out of the way that they have to grab my son and send him to jail. I can't talk for everyone. But my child I will talk for my child because I am their mother and father and I have to be behind them and look into them. My son is not doing any wrong on the streets like that."
We did check with officials of the BDF, who confirmed that there is a recruit intake, and that there is a 20 year-old Nunez who has indeed been accepted to become a recruit.
And today, Kevin Arthurs, the Vice President of the Human Rights Commission of Belize also sent a letter to the Commissioner of Police demanding accountability in the application of these special emergency powers that police now have.
In his letter, dated September 12, 2018, he says, quote, "…I am requesting an update and status report on… the Emergency Powers Review Tribunal as required… for an independent and impartial tribunal presided over by a person appointed by the Chief Justice from members of the legal practitioners… an account of the number and conditions of each prisoner held under this proclamation." End quote.
He also demands to see that there is confirmation that the government has complied with the constitution that each prisoner be given written reasons for their detention, the Gazetting of the particulars of the provision of law under which [each] detention is authorized, and the mechanism for detention and for accountability to safeguard against arbitrary breaches in fundamental rights and freedoms of those innocently detained.
His letter says, quote, "The Police Department must bear in mind that the dispensation by virtue of the Proclamation of the need for a warrant or other due process, checks and balances does not abolish the need for a lawful reason and just cause for any detention." End quote.
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