Alexander mum on SoE review tribunal recommendations

Six reports from the State of Emergency Review Tribunal have been submitted to Homeland Security Minister Roger Alexander, yet it remains unclear whether detainees have been informed of the tribunal’s findings. The reports, delivered on September 12, 19, and 28, and October 6, 9, and 22, contain recommendations on whether detainees, including prisons supervisor Garth Guada, should remain in custody. Despite repeated inquiries sent to Alexander on November 10 and 11, neither the minister, the ministry’s permanent secretary, nor its corporate communications unit have responded. Guada’s attorneys also remain silent, while attorney Darren Mitchell, representing six detainees, confirmed his clients have not received any updates. The tribunal’s secretary, however, indicated that reports for three of Mitchell’s clients were sent to the minister. Under regulations gazetted on July 18, the tribunal is tasked with assessing whether sufficient cause exists for detention and may recommend its continuation or termination. Detainees are entitled to receive the tribunal’s conclusions, though the full report remains confidential unless the minister authorizes its disclosure. The minister retains sole discretion to act on the tribunal’s recommendations, as its findings are not binding. A 2024 Court of Appeal ruling emphasized that detainees must be informed of the grounds for their detention and that ministerial decisions are subject to judicial review. The tribunal recently defended its role, stating it operates within the Emergency Powers Regulations 2025, which limit its function to reviewing detentions and reporting to the minister. Critics, including attorneys, have accused the police of using preventative detention orders (PDOs) as a substitute for proper investigations. The government extended the state of emergency for a second three-month period on October 31, with 98 of 156 PDOs executed so far.