Samih Tarek Soriti Benitez v The Chief of Defence Staff

• Jurisdiction: Trinidad & Tobago
• Judgment Date: 26 July 2023
• Neutral Citation: TT 2023 HC 215
• Year: 2023
• Court: High Court (Trinidad and Tobago)
• Docket Number: CV2023-02750

In the Matter of Samih Tarek Soriti Benitez

In An Application for a Writ of Habeas Corpus Ad Subjiciendum

Between

Samih Tarek Soriti Benitez

Applicant

and

The Chief of Defence Staff

Respondent

CV2023-02750

IN THE HIGH COURT OF JUSTICE

Appearances:

1. Mr. G. Ramdeen and Ms. D. Harripaul, Attorneys-at-law for the Applicant.

2. Ms. S. Raghunath and Ms. C. Cunningham, Attorneys-at-law for the Respondent.

ORAL DECISION REDUCED INTO WRITING

1 Before the Court for its determination is the Applicant's Notice of Application filed on 25 July 2023 by virtue of which the Applicant has sought the following orders:

• a. A Writ of Habeas Corpus ad Subjiciendum be issued directing the Respondent to have the body of SAMIH TAREK SORITI BENITEZ, the Applicant, produced before a Judge of the High Court on a date to be fixed by the Court together with the day and cause of him being detained by whatsoever names he may be called therein that the Judge may then examine and determine whether such cause is lawful.

• b. The Respondent do pay to the Applicant costs of this Application to be assessed by the Registrar of the Supreme Court in default of agreement.

• c. Such further or other relief as this Court deems fit in the circumstances of this case.

2 The application is made on the following grounds:

• a. On Sunday 9th July, 2023 the Applicant was arrested at Apex Sports Bar & Lounge, 81 Western Main Road, St. James, after a police raid was conducted at the address.

• b. The Applicant was taken to the Chaguaramas Heliport where he continues to be detained under the authority of the Respondent.

• c. To date, the Applicant has not been charged for any offence or brought before a Court of law.

• d. The Applicant is currently being detained at the Chaguaramas Heliport under the authority of the Respondent. He has been detained since Sunday 9th July, 2023. He has now been detained for a period of sixteen (16) days and continuing.

• e. The Applicant has not been given notice of any inquiry to be held under the provisions of the Immigration Act.

• f. The Applicant is presently in the custody of the Respondent and being held under the authority of the Respondent without due process and/or illegally and/or unlawfully.

• g. The Respondent has no lawful justification for the continued detention of the Applicant.

3 During the hearing of this habeas corpus application, it was brought to the Court's attention by Ms Raghunath, Attorney-at-law for the Respondent that by letter dated 25 July 2023 sent by the Minister of National Security to the Chief of Defence Staff, the Trinidad and Tobago Defence Force Heliport at Chaguaramas was designated as an immigration station pursuant to Section 2 of the Immigration Act Chap. 18:01.

4 This Court in CV2023-00767 Yohan Dominguez v Minister of National Security and others ruled that the failure or refusal by the government to anchor the obligations imposed upon the Republic of Trinidad and Tobago by the Refugee Convention and its failure to incorporate those obligations in the domestic legislative landscape has resulted in a circumstance where the obligations expressed in the Convention cannot be enforced in this Republic.

5 As a result, migrants who entered this jurisdiction illegally and who have not availed themselves with the amnesty afforded via registration can be deported notwithstanding their refugee status recognition by the UNHCR. As disheartening as such a position may be, this is the law. As a result, migrants need to appreciate the reality, take charge of their circumstances and either voluntarily return to their homelands or run the risk of deportation.

6 The State must not vacillate and needs to either enforce the existing laws or formulate humanitarian policies, honour the Convention obligations, signal to the world that it intends to act upon its...