Court of Appeal Rules 2020 States of Emergency Unconstitutional

The Court of Appeal of Belize has ruled that two states of emergency imposed on Southside Belize City in 2020 were unconstitutional, finding that the government failed to provide enough evidence to justify the extraordinary measures. The court said ordinary crime and violence, even when severe, cannot automatically justify a state of emergency. The government must show a threat so widespread that authorities cannot address it through ordinary criminal laws. The judges found no such evidence in the cases before them. The ruling also found that the arrests and detentions carried out under the emergency declarations violated the detainees’ constitutional rights. Authorities gave detainees vague reasons, including the phrase “gang activities,” and failed to appoint an independent tribunal to review their detention. The court awarded fifteen thousand dollars in compensation and seven thousand dollars in vindicatory damages to each of five detainees: Shane Harris, Laquan Shemar Flowers, Dejon Joseph, Dimetris Gordon and Nukie Barrow. The judgment makes clear that states of emergency must remain extraordinary measures, not routine crime-fighting tools. It also affirms that constitutional protections against arbitrary detention continue to apply during public emergencies.

 

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