By: Omar Silva

Editor: National Perspective Bz DIGITAL 2024

www.nationalperspectivebz.com

Belize City: Thursday 26th September 2024

There is a growing concern over a disturbing pattern emerging in the actions of the Belize Police Department. For too long, the State of Emergency (SOE)—a tool meant to address imminent threats to public safety—has become a convenient go-to for law enforcement. Rather than addressing clear and present dangers, the SOE is now being wielded like a hammer, dropping on citizens without warning or justification.

Originally designed to contain specific threats, such as gang violence spiralling out of control, the SOE was meant to be a temporary measure of last resort. However, what we are witnessing is a worrying normalization of this extreme action. Long weekends, public holidays, and upcoming major events have become the predictable triggers for these heavy-handed police crackdowns. The excuse? “Public safety.” The reality? A gross overreach of authority that tramples on the constitutional rights of Belizean citizens.

The Constitution of Belize is clear in its protections. No citizen should be held without charge for more than 48 hours. Yet, the current administration, using the State of Emergency as a cover, has extended these detentions to as long as three months, all through a Statutory Instrument signed by the Minister of Home Affairs. Under this order, hundreds of Belizeans—many of whom are innocent, including minors—are being swept up in police dragnets. They are locked away, not because they pose an immediate threat, but because the government finds it convenient to round up anyone who fits a certain profile.

Recent developments have only amplified concerns about the unconstitutional application of the SOE. On Tuesday, September 24th, several young men were released from the Belize Central Prison after being detained for up to 90 days under the SOE. Among those released is Ronlee Petillo, whose case is particularly troubling. Despite being granted bail by a Supreme Court judge prior to the SOE coming into effect, Petillo remained in custody as the SOE powers coincidentally took effect in June. His attorney, OJ Elrington, has signaled that a constitutional claim is being brought against the Government of Belize for this wrongful imprisonment, with other detainees also considering similar lawsuits.

The arbitrary extension of detention under SOE powers not only violates Petillo’s constitutional rights but also sets a dangerous precedent where legal protections can be circumvented by emergency declarations. This situation is emblematic of a broader issue in which the police are abusing SOE powers for their convenience, rather than responding to genuine threats.

The continued abuse of the SOE is not just a violation of personal liberty; it is an assault on the very principles of democracy and justice. Our system of governance is rooted in the idea that all citizens are innocent until proven guilty, that every person deserves due process, and that the government must act transparently and justifiably when suspending rights. The police's use of the SOE, however, has become arbitrary, with little to no regard for the lives being disrupted and the freedoms being unjustly curtailed.

By invoking the SOE without a credible and immediate threat, the police are not only failing to adhere to constitutional standards but are also contributing to an environment of fear and distrust between citizens and law enforcement. Communities most affected by these sweeping actions are left feeling targeted and powerless, and the youths caught in this dragnet are left with scars that could last a lifetime.

What has happened to the principle of proportionality? When did long weekends and public holidays become synonymous with threats of public disorder? The government owes it to the people to justify such extreme measures, but instead, it has fallen into the habit of employing the SOE at its convenience, side-stepping accountability and transparency.

This is not how a democratic state should function. A government that routinely overrides its citizens' constitutional protections in the absence of a clear and present danger sets a dangerous precedent. Once the rights of one group are ignored, it becomes easier to ignore the rights of all. Today, it may be gang members or profiled individuals. Tomorrow, it could be anyone.

The government must stop hiding behind the Statutory Instrument and SOE provisions, and instead focus on real solutions to the underlying issues of crime, unemployment, and lack of opportunities that drive people toward violence. Rounding up citizens without cause is a short-term measure that does nothing to address the long-term challenges Belize faces.

The public deserves transparency, not blanket detentions. Belizean citizens deserve to enjoy their holidays and public events without fear of arbitrary arrests or detentions. It is time the government is held accountable for its misuse of the State of Emergency, and the Belizean people demand the restoration of their constitutional rights.

The path forward must involve meaningful police reform, community engagement, and sustainable solutions to crime. Using the SOE as a crutch is not only unjust but also an ineffective strategy that erodes public trust and threatens the democratic fabric of our nation.

Belizeans deserve better. And it is time to say enough to the arbitrary use of the SOE.