By Omar Silva, NP Staff Writer

Belize City, Saturday, 01 April 2023

The Belize Immigration Department is facing allegations of blatantly disregarding due process and ignoring agreements of the UNHCR in the case of Abi Aladdin, a Haitian national seeking asylum in Belize. According to reports, Aladdin was awaiting a hearing for habeas corpus claiming that he was wrongly imprisoned, but before he could appear before a judge, he was served with an order to leave the country. He was allegedly smuggled out of Belize and dumped in Guatemala without going through an immigration departure point.

Abi Aladdin's attorney, Arthur Saldivar, has accused the Immigration Department of breaking every rule when they moved Aladdin, stating that he should have been allowed to present himself at a border station, present his documents, and be processed. Instead, he was reportedly smuggled out of the country and taken to Guatemala, which is not his home country or a CARICOM nation. Saldivar argues that if Aladdin was leaving Belize, he should have presented himself at a point of exit and his papers should have been processed. Instead, he was allegedly taken "like thieves in the night" and dumped in Guatemala.

Saldivar has also claimed that the director of immigration, Debra Estrada, was responsible for Aladdin's removal and should be sanctioned for her actions. However, Minister of Immigration, Eamon Courtenay, maintains that Aladdin entered Belize illegally, was charged, and pleaded guilty. He was fined $1000 in default 6 months, did not pay, and served time. The court then issued an order for his removal from Belize, and he was removed to Guatemala, which is consistent with standard procedure.

There are no records on the immigration system of this Haitian being moved through the western border, which adds to the confusion and raises questions about the transparency of the Immigration Department's actions. Saldivar claims that the actions of the director of immigration were in contempt of court and the processes of the court. Aladdin was reportedly waiting for a habeas corpus hearing to bring to light the abuses and human rights violations that he had allegedly endured while in detention. However, he was removed from Belize before the hearing could take place, denying him the opportunity to have his case heard in court.

Belize may have violated its international obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as other human rights instruments, by deporting Abi Aladdin to Guatemala without due process. As a signatory to the Convention and Protocol, Belize is obliged to protect refugees and asylum seekers who enter its territory, including providing them with a fair and effective asylum procedure and ensuring that they are not returned to a country where they may face persecution.

If Abi Aladdin was indeed seeking asylum in Belize, then he may have been entitled to such protection. However, if he entered Belize illegally or engaged in criminal activity, Belize may have had grounds to deport him. It would depend on the specific circumstances of his case and whether due process was followed.

The case highlights the importance of due process and the need for countries to comply with international human rights standards when dealing with refugees and asylum seekers. If Aladdin was not given a fair hearing or the opportunity to challenge his deportation, then Belize may have violated his rights to due process and to a fair trial under international human rights law. It is imperative that Belize takes steps to ensure that its immigration policies and procedures comply with international human rights standards to avoid similar allegations in the future.