ATTORNEYS for 70 Venezuelan nationals detained at the recently designated Heliport Immigration Station in Chaguaramas, are demanding their release by no later than 3 pm on Wednesday. The foreigners were held at a bar in St James on July 9.
The lawyers also warn that because of their clients' illegal detention – for 15 days – before the heliport was designated an immigration detention facility, the 70 will be entitled to damages.
In a pre-action protocol letter from Quantum Legal law firm, sent Monday to National Security Minister Fitzgerald Hinds, the attorneys are demanding the release of the 70 or that they be placed on orders of supervision pending the determination of their application to the UN Refugee Agency (UNHCR).
Quantum Legal also called on Hinds not to deport the group until their refugee status with the UNHCR is determined. They asked for the information the minister used when he issued orders of deportation for the group on July 24.
The attorneys also called on Hinds to give effect to a 2014 national policy on refugee protection or say if this policy has been revoked.
Hinds was asked to provide a copy of the investigative report regarding a detainee who alleged she was sexually assaulted, and to “act in a manner consistent with requirements of the waiver and/or remediation under the US Leahy Law which refers to statutory provisions prohibiting the US Government from using funds to assist units of foreign security forces where there is credible information implicating a unit for gross human rights violations."
Hinds was directed to consult with the US Embassy for assistance on Leahy Law and “risk-mitigate the socio-economic impact on TT's economy.”
Quantum Legal further asked for a copy of the written plan which informed the US Department of State to grant a waiver as was noted in its recent 2023 Trafficking in Persons Report which saw TT avoiding a downgrade to Tier 3.
“Twenty-two (22) days have already elapsed since their detention on July 9, 2023. Still, there is no evidence of any arrangements for the potential claimants’ actual deportation, that is, any scheduled date or any arrangement whatsoever for their deportation," the lawyers said.
In the letter to Hinds, attorneys said the detention of the 70, and the issuance of deportation orders were “tantamount” to penalties for their illegal entry.
They also quoted the various international laws and conventions on refugees and how they applied to TT.
They say the 70 had a legitimate expectation that the Government would abide by the 2014 policy on the treatment of refugees although there are no domestic refugee laws despite TT being a signatory to the 1951 UN Refugee Convention.
“...There needs to be more national legislation regarding the treatment of refugees/asylum seekers.”
The attorneys also said because of the absence of domestic law on refugees, the minister’s actions were evaluated by international laws and conventions, but warned, “One may call it a classical ‘catch-22’ application, as escaping your obligations to