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Government said it has won a constitutional ‘victory’ after winning a legal matter that clarified the State’s obligations toward citizens who voluntarily travel to conflict/war zones. In a statement, the Office of the Attorney General said Madame Justice Charles dismissed a claim put forward by Tamjeed Ali and Saheed Mohammed in the High Court towards the State for the repatriation of several women and children currently in the Al Hol refugee camp in Syria. The AG’s office said these persons were “seeking to compel the State to make a decision to facilitate their repatriation to Trinidad and Tobago”. ....
Court blanks repatriation of women, children from ISIS refugee camp in Syria Hall of Justice, in Port of Spain. - Jeff Mayers A HIGH COURT judge has ruled that it cannot order the Minister of National Security to repatriate a group of 12 women and children being held at the Kurdish-run al-Hol refugee camp in northern Syria. In ruling on Monday, Justice Joan Charles said there was neither a legislative nor a policy framework in place for repatriating nationals from conflict/war zones. Nor does the minister have the legal power or discretion to repatriate or facilitate the repatriation of these nationals, she said. ....
Derek Achong A man, who was forced to serve his entire sentence for drug trafficking before he successfully appealed his conviction due to repeated delays by prison officers in facilitating his legal challenge, is set to receive almost $1 million in compensation. In a 38-page judgment issued yesterday, High Court Judge Margaret Mohammed ruled that the man’s constitutional right to due process of law was breached by the actions of the errant prison officers. Mohammed said, “In my opinion the failure of the Prison Service to take positive steps to ensure that there were adequate safeguards to prevent the arbitrary exercise of power by the prison officers, resulted in the claimant being deprived of the opportunity to file his notice of appeal within the prescribed statutory period.” ....
$1m for Tobago chef blocked from appealing wrongful conviction Friday 5 March 2021 A TOBAGO chef who was wrongly convicted of trafficking cocaine in 2010 will receive close to $1 million from the State because the prison service failed to allow him to file an appeal. He will receive a total of $980,000 for the breach of his constitutional rights, for the three and a half years he spent in prison, and to denounce the conduct of the prison service. The chef has asked that his name not be used given the quantum of compensation he is to receive and for security reasons. Making the order on Friday was Justice Margaret Mohammed, in a written decision in which she also awarded the chef interest and costs. ....