State of emergency declared in TT
REGULATION 11 of the Emergency Powers Regulations 2024, which purportedly imposed a gun amnesty, will be removed by the end of the week.
This was the response to an objection raised by attorney Gerald Ramdeen.
Chamber director of the Attorney General’s Secretariat Solange de Souza on January 14, confirmed plans to remove the provision, which permits the government to declare a gun amnesty.
De Souza said the regulation merely authorised the declaration of an amnesty and was never operationalised. She said it mirrored similar provisions in earlier emergency regulations in 1990 and 2011.
De Souza said the removal would be approved this week and take effect in the next four days.
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“As we noted in our earlier letter…Regulation 11 merely purported to give a power to order an amnesty which power was never exercised.
“In this regard, it reflected similar such powers which had been given by earlier regulations issued during periods of public emergency, namely, the Emergency Powers Regulations 1990 and 2011.
“The Attorney General has advised the Cabinet that Regulation 11, though not operationalised, should in any event be removed from the regulations…”
Ramdeen had issued a pre-action protocol letter on January 6, challenging Regulation 11, which provided immunity from prosecution for individuals surrendering guns, ammunition, or explosives during a prescribed amnesty period.
A day later, De Souza, asked Ramdeen to hold his hand on filing a legal claim until the Government obtained advice from senior counsel to determine the merits of the proposed challenge and any necessary remedial measures “to ensure the constitutionality of the intended amnesty.”
De Souza also advised that Regulation 11 was not yet in operation as the prescribed period had not yet been determined. She also gave the assurance no action would be taken to activate the regulation until a response was provided.
On January 12, National Security Minister Fitzgerald Hinds said the gun amnesty was never the Government’s policy.
Opposition Leader Kamla Persad-Bissessar raised the issue of the legality of a gun amnesty on January 13, during her contribution to the debate for an extension of the state of emergency (SoE) in the Parliament.
The SoE has been extended for three months to April 14.
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The SoE was declared on December 30, in response to “imminent gang-related reprisal attacks, involving the use of high-calibre weapons and a resulting threat to public safety.”
The Prime Minister told the Parliament on January 13, “We’re taking note of the fact that the President (Christine Kangaloo) has been convinced by the government that gang warfare has been imminent.
“Gang warfare action had been taken, and retaliation was the expected action…more deaths, more mayhem was to be expected, and therefore, governmental authority had to intervene, if not to bring sobriety, but to bring some element of increased and improved law enforcement to the lawless.”
