Belize City’s Crime Crisis Cannot Override Constitutional Rights

Government cannot suspend constitutional rights simply because crime and violence have spiraled out of control. That is the clear message from the Court of Appeal, which ruled that the 2020 State of Emergency on Belize City’s southside was unconstitutional. After reviewing two conflicting High Court decisions from 2025, the judges found that authorities failed to prove the situation was so widespread that ordinary criminal laws could not address it. The court also ruled that the arrests and detentions carried out under the emergency declarations violated the detainees’ constitutional rights. Attorney Leslie Mendez, who represented the appellants, explains why the decision could reshape how future governments respond to violent crime.

 

Leslie Mendez, Attorney-at-law

“The decision that was delivered last week is a decision that applies to all of the claims that were brought. So, the matter was consolidated. The matter that was before one of the judges went back together. So, all of them were heard by the court and all of them were decided by the court. The court reconciled it, engaged in both decisions and ultimately found in favor of the one adopted by Justice Nadine Nabie. I don’t know to what extent it squashes, only in the sense is that we know there is one more step for final appeal. But this is the state of the law right now. This is the position of the Court of Appeal. It has clarified the law in so far as we know it. This is the law as it stands. But there is one more that the parties could utilize and try to get further clarification on what our highest court would say, which is the Caribbean Court of Justice, indeed.”

 

 

Court of Appeal Upholds 2020 State of Emergency Damages

 

Eighteen men are now entitled to compensation after the courts found that government violated their constitutional rights during the 2020 State of Emergency. The Court of Appeal upheld the damages previously awarded to thirteen of them and granted compensation to five others. Attorney Leslie Mendez spoke with us about the ruling and what happens next.

 

Leslie Mendez, Attorney-at-law

“Each detainee was awarded damages. It is compensatory and vindicatory. It is what usually constitutional damages include.”

 

Paul Lopez

“What is the amount?”

 

Leslie Mendez

“Fifteen thousand in compensatory and seven thousand in vindicatory.”

 

Paul Lopez

“Can they legally claim their compensation at this point?”

 

Leslie Mendez

“They can claim it. Whether the court will exercise that discretion of hearing their matter and awarding that damage will have to turn on the discretion of the court. That is because there is no limitation for constitutional matters. So, there is limitation period. But the court always has discretion where they will intervene if they have considerable delay. So it will come down if they eventually file a claim before the court. That initial stage, the court will have to assess if it will proceed to consider their matter given the time that has elapsed.”

 

Mendez says the judgment sets a clear legal threshold for any future state of emergency.

 

Attention readers: This online newscast is a direct transcript of our evening television broadcast. When speakers use Kriol, we have carefully rendered their words using a standard spelling system.

 

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