A person who is lawfully detained during the state of emergency has a right to have his or her case reviewed by the Review Tribunal established under Section 11 (1) of the Constitution. Any detainee who is desirous of having his or her case reviewed by the tribunal has to make a written request for a review dated and signed by the detainee, the detainee's representative or legal representative and have the request lodged either at the Registry of the Supreme Court, Hall of Justice, Port-of-Spain; the Sub-Registry of the Supreme Court, Hall of Justice, San Fernando; the Sub-Registry of the Supreme Court, Hall of Justice, Tobago; or the Secretariat of the Review Tribunal, Hall of Justice in Port-of-Spain.
Senior Counsel Gilbert Peterson is chairman of the tribunal, while Senior Counsel Deborah Peake and Rajmanlal Joseph are members. According to a statement from the Review Tribunal, the proceedings would be held in camera at the Hall of Justice. Each review will be heard separately and in the absence of other detainees. The statement said: "Where the detainee or the detainee's representative is unable to sign the request for the detainee's case to be reviewed by the Tribunal, the detainee or the detainee's representative may place his or her mark." When the request is received, the secretary of the tribunal will notify the National Security minister who will submit to the secretary the grounds upon which the detainee is detained. Information will be relayed to detainees by the secretary.
Detainees will be entitled to present his or her case to the tribunal in person or through a representative or a legal representative. Those who can be present at the review are the detainee's representative or legal representative; a representative of the minister; the law enforcement officer into whose lawful custody the detainee is placed for the purpose of the detainee's attendance at the review; and any other person whom the tribunal may consider appropriate. The statement said the tribunal will not be bound by the rules of evidence or the rules of practice or procedure that apply in a court of law. Detainees will be asked to confirm their request for review. They will be furnished with a copy of the guidelines issued by the Review Tribunal and a copy of the Emergency Powers Regulations, 2011.
