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Legal Aid Council safeguarding citizens' rights under enhanced security measures

Published:Thursday | March 8, 2018 | 12:00 AM
Executive Director, Legal Aid Council, Hugh Faulkner.

Executive Director of the Legal Aid Council, Hugh Faulkner, has reiterated the agency's commitment to safeguarding citizens' rights, particularly while enhanced security measures are being administered in some communities to curb crime.

He said that as the Government implements measures to ensure public safety, the council has a duty to play its role in preserving individuals' fundamental rights.

"In many instances, persons do not have the means to obtain legal representation ... so we have a duty to fulfil (that entitlement) on behalf of those persons. So whatever we do, it is not to undermine any (security) effort, but to ensure that the ordinary citizen is equitably and humanely treated," the executive director said.

The Government announced a state of public emergency for St James in January, consequent on the upsurge in crime in the parish, as part of efforts to restore peace and public safety.

 

TREATED HUMANELY

 

Faulkner, who noted that the protection of human rights is fundamental to that dispen-sation, provided a breakdown of the entitlements of persons detained.

He said detainees have the right to be informed about the reason for their detention as soon as is reasonably convenient and in a language that is clearly understood.

Detainees also have a right to due process, inclusive of legal representation and medical treatment, as well as the provision of food and clothing.

These persons also have the right to be visited by a spouse, partner or family member, religious counsellor and a medical practitioner of their choice.

"He or she must be treated humanely and with respect for the inherent dignity of the person. In other words, the conditions of his or her detention should not violate the inherent human dignity ... the presumption of innocence tags along with the detainee. He or she cannot be compelled to testify or make any statements against himself," Faulkner explained.