Ministry of National Security et al v Everton Douglas et al

On July 9, 2020, Attorneys-at-Law John Clarke and Sasheeka Richards filed writs of habeas corpus in the Supreme Court. 

Submissions by the attorneys were that the Applicants were being unlawfully detained in an executive detention system which was inconsistent with the Jamaican constitution. The attorneys challenged the powers of the Minister of National Security to detain the Applicants who were neither charged with any criminal offence nor convicted by the courts. The Applicants were housed at prisons without a trial or the Court having a role in relation to such an executive sentence.

-        The first Petitioner, Everton Douglas, from his affidavit dated July 9, 2020, depones that he has been detained from the 26th day of January 2020 under the State of Public Emergency in Kingston East. He is detained for 177 days and counting without being charged.

-        The second Petitioner, Nicholas Heath, from his affidavit dated July 9, 2020, depones that he has been detained from July 26, 2019, under the State of Public Emergency in South St. Andrew for 361 days and counting without being charged.

-        The third Petitioner, Courtney Hall, from his affidavit dated July 9, 2020, depones that he has been detained from June 22, 2019, under the State of Public Emergency in Westmoreland for 395 days without being charged.

-        The fourth Petitioner, Courtney Thompson, has been detained from July 22, 2019, under the State of Public Emergency in St. Andrew South. Again, from his affidavit dated July 9, 2020, he has been detained for 365 days without being charged.

-        The fifth Petitioner, Gavin Noble, from his affidavit dated July 9, 2020, depones that he has been detained from May 17, 2019, under the State of Public Emergency in Westmoreland for a period of 431 days and counting without being charged.

Following their August 2020 release from detention under State of Emergency, five men challenged the State on the legality of their detention. The Supreme Court ruled, on the 18th of September 2020, that their detention was unlawful.

On July 21, 2023, the Court of Appeal threw out the Government's appeal of the findings made by a Supreme Court judge relative to the unconstitutionality of some aspects of the regime governing the controversial state of emergency (SOE) legislation. The Appeal Court has also determined that the Government is bound by the decision of the Supreme Court regarding the SOEs regardless of their reasons for disagreeing with it.

The Court of Appeal ruled that it had no jurisdiction to make any changes to the findings made by the Supreme Court with respect to the habeas corpus applications that were made on behalf of the men who were eventually determined to have been unlawfully detained for months, under the SOE.

Clink the link below to see the full judgement.

Ministry of National Security et al v Douglas (Everton) et al.pdf (courtofappeal.gov.jm)