National Security Minister Fitzgerald Hinds, right, and acting Attorney General Stuart Young during yesterday's media conference on the implementation of a State of Emergency at the Ministry of National Security, Port-of-Spain. Photo: Roger Jacob

Unlike SoEs in 1990 and 2011, the current SoE will not affect public gatherings, commercial business activity or schools’ reopening.

In announcing the SoE, acting Attorney General Stuart Young said it was instituted following heightened criminal activity and murders.

Young said information from the T&T Police Service (TTPS) submitted to the Government cited expected reprisal attacks between gangs involving high-velocity automatic weapons in a situation that could threaten public safety.

“In the type of incidents with high-powered automatic weapons and reprisal attacks by gangs—too often innocent people could be affected. Following information received from the TTPS intelligence, as a result of that and after very careful consideration, a decision on the SoE was taken,” Young said at a media briefing at the Ministry of National Security. The SoE was initially announced to T&T at 8.15 am by the Office of the Prime Minister’s Communication Ministry.

It followed meetings into the wee hours of Tuesday by Prime Minister Dr Keith Rowley, who chairs the National Security Council.

A proclamation issued President Christine Kangaloo cited constitutional powers (under Section 8:1 and 8:2) and stated the President was” satisfied that a public emergency has risen as a result of the occurrence of action that has been taken or is immediately threatened by any person of such a nature and on so extensive a scale, as to be likely to endanger the public safety; and a state of emergency exists in T&T.

Young said the SoE has always been something under consideration to deal with national security and with the authorities’ midnight meetings, the current situation involved anything but “something not of the most serious of implications.”

He said the current circumstances that dictated the necessity of this “extreme action” was based on information provided to Government by the TTPS.

He noted there were 61 murders in December and 623 for the year but noted these were not the main reasons for the decision. He said building up to this in the last month, Government had been concerned about the use of high-powered (5.56 and 7.62) automatic weapons, indiscriminate shooting and innocent people becoming collateral damage.

In the last 48 hours, Young said, a man was killed and another escaped a gun attack outside the Besson Street Police Station in Port-of-Spain and 24 hours after, another incident occurred in Prizgar Lands, Laventille, where six were shot and five died in a reprisal shooting linked to the Besson Street attack, according to police. “... And it was expected that there would be expected heightened activities by criminal elements in and around T&T that took us out of what we can consider the norm,” he said.

Young said TTPS intelligence was provided to Minister of National Security Fitzgerald Hinds, who informed the NSC that certain criminal gangs in Trinidad and possibly Tobago are likely to increase their brazen acts of violence in reprisals “... on a scale too extensive that it threatens people and will endanger public safety.”

He said Government has had the option of calling an SoE for the last ten years and avoided it, “but now, based on the information that’s been brought to us, we see it as fit and necessary.”

He said it was not appropriate for the Prime Minister to come out at the first instance to speak at the briefing, since the Ministers for Security—advising the NSC—and legal responsibility as AG (handling the legal implications) were present.

The PM later took to social media to indicate that his elder brother Alpheus had died.

On whether the use of an SoE—after resisting this before—indicated Government’s admission of failure on the crime rate, Young said, “I wouldn’t say it’s an admission. Based on the intelligence provided to us and what we were told to expect of this heightened, brazen, violent crime with these illegal firearms—and what we’ve seen with the shooting of six people recently—by going to an SoE indicates it is a higher level of concern. We’ve resisted it for ten years but based on what’s been provided to use, it would be irresponsible not to take this step.”

On whether Carnival, which is March 3 and 4, 2025, can be held, Young said that was the reason for not initiating a curfew or preventing gatherings or movement. He said Government and law enforcement will continue monitoring the situation.

“And if there’s an opportunity to lift it at an earlier period, this will be done. If not, we go through the full ambit. Some will have inconvenience with the SoE but Government is very concerned to ensure continued economic activity.”

On roadblock disruptions, Young said a SoE will have certain inconvenience to law-abiding people but will have a lot more inconvenience to those in criminal activity.

He asked the public to listen to and be guided by the TTPS and TTDF who now have additional power.

The SoE regulations were released last night.

Police recalled from leave

Young said a request had been made to the CoP to asked TTPS officers who are on leave to return to duty.

On not having a curfew, he said, “We have to have trust and faith in those with responsibility for national security, especially our intelligence services and TTPS who have been informing us that they know these criminal elements.”

History of SoEs

The current SoE is T&T’s latest after the April 1970s SoE of the Black Power revolution during Dr Eric Williams’ People’s National Movement Government’s tenure; and the 1990 SoE under the National Alliance for Reconstruction government during the coup attempt.

There was a limited SoE around the home of former House Speaker Occah Seapaul in 1995 under the Patrick Manning administration, when she was being removed as Speaker.

The People’s Partnership government instituted an SoE in certain areas in 2011 due to crime surge. The current Government instituted an SoE in 2021 during the COVID-19 pandemic and an SoE was declared in Tobago by the Tobago House of Assembly in June following Hurricane Beryl’s passage.

Conditions that apply under current SoE

• The SoE will be for three months—December 30 to March 30.

• In the first instance, the matter of the SoE will be brought before the Parliament within the next 15 days. Once approved and ratified, the SoE will last for the three months with no further extension.

• The situation will be monitored daily. A further extension can be sought but the total duration cannot exceed six months.

• At this stage, no curfew will be imposed, since the current SoE targets criminal elements only.

• It will not at this stage affect public meetings, gatherings, marches and things of that nature.

• The Police Commissioner will have certain powers to use and TTPS will have additional powers searching premises and people without warrants who they have suspicions about. Police will be able to stop, search—any vehicle, vessel etc—and seize items and detain persons. This is whether the person is in public place or not.

• Prohibition of possession/use by persons of firearms; and also applies to covering controlling of harbours, ports and territorial water, movement of vessels and transport over land, air and water.

• The TTDF will be given power like the police.

• Targets include for unlawful possession of firearms, explosives. People found in the company of others with these will also be detained.

• There will be a 48-hour holding period where people can be held and, thereafter, a magistrate or senior police officer can make a detention order for another seven days while evidence is gathered.

• Bail will be suspended for detention.

• Government working with the acting Chief Justice in establishing a Tribunal, since there will be extensive powers of detention with no bail application and no ability to apply for habeas corpus to the High Court once detained.