博客

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.

In a major parliamentary address marking the commencement of the 2026 legislative year, Prime Minister Kamla Persad-Bissessar declared her government’s intention to terminate the nationwide state of emergency on January 31. The emergency measures, initially imposed in July and subsequently extended twice, will be replaced by targeted zones of special operation to maintain security gains.

Addressing the House of Representatives on January 16, Persad-Bissessar defended her administration’s aggressive stance against criminal organizations, crediting security forces with achieving a dramatic 42% reduction in homicides—a statistic she characterized as globally significant. ‘From day one we have acted forcefully and decisively to frontally attack criminal entities that have brought bloodshed and terror to our citizens,’ the Prime Minister stated, asserting that these measures have spared lives and enhanced public safety.

The Prime Minister notably endorsed recent US military operations that destroyed suspected drug-trafficking vessels in Trinidad and Tobago’s waters, asserting that legal counsel had confirmed no breach of international law. When challenged by opposition members regarding the legal basis for these actions, Persad-Bissessar retorted, ‘Find a good international lawyer!’

Her comprehensive legislative agenda includes profound judicial reforms, notably a constitutional amendment guaranteeing the right to a trial within a reasonable timeframe. ‘It cannot be right for a person to be locked up for years without trial, potentially for the same duration as their sentence would be, with their reputation ruined,’ she emphasized.

The government proposes restructuring homicide trials to include three-judge panels instead of jury trials, establishing the new judicial position of Chancellor, and implementing measures to accelerate justice delivery while protecting victims’ rights. Additional reforms encompass firearms management, plea bargaining mechanisms, and record expungement for rehabilitated offenders.

Following recent discussions in Tobago with re-elected THA leader Farley Augustine, the Prime Minister committed to advancing Tobago’s autonomy through new legislation that would establish the island as ‘an equal, autonomous partner’ within the republic.

Persad-Bissessar also addressed societal concerns including noise pollution and fireworks regulation, while denying allegations of intending to restrict cultural festivities. Further proposed legislation seeks to raise the legal age for alcohol and cannabis consumption to 21, and gambling to 25.

A prominent legal scholar from St Augustine has issued a forceful critique of Attorney General John Jeremy’s defense of recent US military operations targeting vessels allegedly involved in drug trafficking from Venezuela. In a sharply worded editorial published by Newsday, Fazir Khan questions the legal foundation and transparency of the government’s position regarding these controversial strikes.

The criticism centers on the Attorney General’s public assurance that the military operations are “consistent with international law” despite providing no factual basis or legal justification for this conclusion. Fundamental questions remain unanswered: the precise location of the vessels at the time of engagement (whether in international waters, Venezuelan territorial waters, or another nation’s maritime zone), the nature of evidence demonstrating drug-trafficking activities, whether proper warnings were issued prior to engagement, and the exact number and nationalities of casualties.

Particularly troubling is the AG’s reliance on an anonymous “international legal expert” whose opinion he cites but refuses to disclose or summarize. This approach, Khan argues, fails to meet basic transparency standards expected for decisions that potentially engage Trinidad and Tobago’s international responsibilities, bilateral relations, and fundamental human rights considerations.

The editorial highlights a striking contradiction in the government’s position: while reports indicate two Trinidad and Tobago nationals may have been killed in one strike, the AG simultaneously claims ignorance about whether any citizens were casualties while still certifying the overall legality of the operations. This raises serious questions about how the lawfulness of lethal force can be properly assessed without clarity on targeting criteria, rules of engagement, and civilian protection measures.

Khan emphasizes that principles of distinction, proportionality, and necessity are not abstract legal concepts but directly determine whether human lives were taken arbitrarily. The AG’s reported refusal to explain how summary destruction of vessels and loss of life reconcile with Trinidad and Tobago’s normal rule of law paradigm for addressing crime creates deep dissatisfaction with the official narrative.

The legal scholar concludes that the Attorney General’s job cannot be considered complete without three critical components: a thorough evidence-based assessment of the facts, a reasoned explanation grounded in international law demonstrating how these facts meet relevant legal tests, and appropriate disclosure to Parliament and the public—with exceptions only for genuinely sensitive operational details. If the legal opinion supporting the AG’s conclusion is sound, Khan argues, it should withstand public scrutiny.