In a landmark judicial ruling, the High Court of Trinidad and Tobago has determined that the Ministry of National Security violated statutory obligations under the Freedom of Information Act. The case centered on the ministry’s failure to provide timely and substantive responses to information requests filed by Darielvis Eliannys Sarabia Morillo, a Venezuelan national whose infant son was fatally shot during a Coast Guard operation in February 2022.
Justice Devindra Rampersad delivered the judgment, declaring that the ministry failed to meet the mandatory 30-day response requirement stipulated in Section 15 of the Freedom of Information Act. The court has ordered the ministry to resolve all outstanding information requests by January 23.
The tragic incident occurred on February 5, 2022, within Trinidad and Tobago’s territorial waters, when Morillo’s newborn son, Yaelvis Sarabia Santoyo, was killed during an encounter with the Coast Guard. Morillo herself sustained gunshot wounds requiring emergency surgery.
Between March and April 2022, Morillo submitted five separate freedom of information requests seeking crucial documents, including her son’s autopsy report and records related to the Coast Guard operation. While some information was eventually provided, Justice Rampersad determined that the ministry failed to issue lawful, substantive decisions within the statutory timeframe for two critical requests.
The judgment emphasized that public authorities cannot discharge their FOIA obligations by simply directing applicants to other agencies without making independent determinations. “A letter that amounts to ‘ask someone else’ is not a substantive decision,” Justice Rampersad stated in his ruling. “Section 15 does not permit a public authority to discharge its duty simply by passing the applicant from one door to another, particularly where it has the power to call for the information itself.”
The court found the ministry in breach of its duties regarding Morillo’s request for the autopsy report—which has since been provided—and her fifth request concerning information about the Coast Guard’s operation. The court issued an order compelling the ministry to process and determine the remaining items from Morillo’s April 26, 2022 request. Additionally, the ministry was ordered to pay 75% of Morillo’s legal costs, to be assessed if not mutually agreed upon.