Q: What remedies do I have against illegal imprisonment?
A: The ultimate purpose of a writ of habeas corpus is to provide a remedy in cases of illegal restraint or confinement by testing the legality of a person’s detainment. A petition for issuance of the writ can be filed by the imprisoned person or by other individuals acting on his or her behalf. If the court cannot find any legal justification for the person’s detention, an immediate release is ordered.
It remains in effect today (especially in the UK and US), where it is most often used in immigration cases to test the legality of the detention of immigrants, extradition proceedings, and to challenge detention under mental health legislation.
In Trinidad and Tobago, this is governed by the Habeas Corpus Act 8:01 as amended by the The Habeus Corpus (Amendment) Bill, 1996.
Sunday, 31 October 2010
Sunday, 24 October 2010
Trinidad and Tobago Defamation
Q: What can I do if someone writes something about me on Facebook that is untrue?
A: You can bring a civil suit for defamation.
There are two types of defamation; libel and slander. Libel is a defamatory statement in a permanent form, usually written, e.g. in a newspaper, book, letters, paintings, etc. Slander is a defamatory statement in a transient (non-permanent) form, usually by means of spoken words or gesture (very difficult to prove).
In the case of Facebook postings, it is obviously libel.
The laws governing defamation in Trinidad and Tobago can be found in the Libel and Defamation Act - Chapter 11:16.
Slander- Section 2: No action for defamation shall be maintainable in any Court of justice in Trinidad and Tobago in respect of words spoken, except [in specific clear-cut cases].
Libel - Section 8: If any person maliciously publishes defamatory libel, knowing it to be false, he is liable on conviction to imprisonment for two years and to pay such fine as the Court directs.
Section 9: If any person maliciously publishes any defamatory libel, upon conviction he is liable to pay a fine and to imprisonment for one year.
A: You can bring a civil suit for defamation.
There are two types of defamation; libel and slander. Libel is a defamatory statement in a permanent form, usually written, e.g. in a newspaper, book, letters, paintings, etc. Slander is a defamatory statement in a transient (non-permanent) form, usually by means of spoken words or gesture (very difficult to prove).
In the case of Facebook postings, it is obviously libel.
The laws governing defamation in Trinidad and Tobago can be found in the Libel and Defamation Act - Chapter 11:16.
Slander- Section 2: No action for defamation shall be maintainable in any Court of justice in Trinidad and Tobago in respect of words spoken, except [in specific clear-cut cases].
Libel - Section 8: If any person maliciously publishes defamatory libel, knowing it to be false, he is liable on conviction to imprisonment for two years and to pay such fine as the Court directs.
Section 9: If any person maliciously publishes any defamatory libel, upon conviction he is liable to pay a fine and to imprisonment for one year.
Sunday, 17 October 2010
The Universal Declaration of Human Rights 1948
Q: What are my Human Rights in Trinidad and Tobago?
A:
The Universal Declaration of Human Rights (UDHR) is for everyone regardless of where they live. On December 10th, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.
Human Rights are split into two categories: Civil and political (up to Article 21) and Economic, social and cultural (the remaining Articles). Civil and political rights are rights that are mandatory, while economic, social and cultural rights are not. For example, one can walk into any court and demand a right to life, but it would be impossible to demand an education.
Here is an abbreviated list of the Articles in the UDHR 1948.
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights
A:
The Universal Declaration of Human Rights (UDHR) is for everyone regardless of where they live. On December 10th, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.
Human Rights are split into two categories: Civil and political (up to Article 21) and Economic, social and cultural (the remaining Articles). Civil and political rights are rights that are mandatory, while economic, social and cultural rights are not. For example, one can walk into any court and demand a right to life, but it would be impossible to demand an education.
Here is an abbreviated list of the Articles in the UDHR 1948.
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights
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