Are Police Repeatedly Detaining People Without Cause?
The Association of Defence Attorneys (ADA) is warning of what it calls an increase in alleged unlawful detentions by police. The ADA is accusing officers of repeatedly holding Belizeans without lawful justification and, in some cases, releasing and re-detaining them for successive 48-hour periods.
The ADA said it was concerned about reports from Belize City and San Ignacio, where it alleges citizens are being denied their constitutional rights to liberty, legal representation, and protection against arbitrary detention.
Attorney-at-law Orson Elrington told News 5 that “over the last few weeks, there has been an exponential increase in the number of Belizeans whom the police department has unlawfully detained.”
He said members of the association had unanimously agreed that the reported practice needed to be addressed. “It was unanimous that it was something that the association needs to address because it is so egregious, it is so widespread, and it is utterly unacceptable for this state of affairs to continue,” he said.
Elrington argued that the Constitution’s 48-hour detention limit is an outer limit, not permission for police to routinely detain people for that period without a lawful reason. “The 48 hours is not for you to simply detain a person because you believe they are involved in some criminal activity,” he said. “You must have a lawful reason, a valid reason for you to detain them.”
He also described what he called “cycling”, a practice in which individuals are allegedly detained for 48 hours, released and then detained again, sometimes for another 48-hour period.
According to Elrington, some of those detained are not meaningfully questioned or held in connection with a genuine criminal investigation.
The ADA has also raised concerns about access to legal representation while people are in police custody. Elrington singled out the San Ignacio Police Station, where he said attorneys have repeatedly encountered difficulties contacting detained clients.
“I can tell you I personally have experienced that consistently where I try to reach out to clients and speak to them is the San Ignacio Police Station,” Elrington said, alleging that attorneys are required to appear in person to speak with their clients.
The association is calling on Prime Minister John Briceño, Minister of National Security Michel Chebat, and Commissioner of Police Dr Anthony Richard Rosado to intervene.
Among its demands, the ADA wants authorities to “ensure every detained person is afforded immediate and private access to legal counsel.” It is also calling for investigations into alleged constitutional violations and disciplinary action against offending officers.