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UK body writes PM on Sedition Act
Jada Loutoo
THE United Kingdom-based International Centre for Trade Union Rights (ICTUR) has written to Prime Minister Dr Rowley expressing concern about the arrest of Public Service Association (PSA) president Watson Duke and the laying of sedition charges against him for comments he made in a speech in 2018.
Daniel Blackburn, director of ICTUR, in a letter to Dr Rowley, said the centre found little evidence in media coverage of the incident which led to Duke’s arrest, of “any serious concern that the union leader was actually inciting sedition in the ordinary sense of the word.”
“We further note that the arrest of this well-known public figure came not in the immediate aftermath of the speech, but nine months later. It is in this context we question whether this prosecution is brought in good faith,” Blackburn said.
Duke was arrested on August 26 and later charged for sedition.
The letter to Dr Rowley said the 1920 Act, under which Duke was charged, “was introduced specifically as a measure to repress trade union activity in the wake of widespread expressions of discontent in 1919, at which trade unions and political organisers were at the forefront, having organised a general strike.”
Blackburn added that in view of the Act’s history, the ICTUR had concerns over the continuing application of the 1920 law.
“We understand that the Act criminalises a broad and poorly defined range of actions, including those that ‘excite disaffection against Government’ or that ‘‘raise discontent or disaffection amongst inhabitants of Trinidad and Tobago’”, Blackburn said, adding: In our view, such legislation is clearly too broad in scope, and risks criminalising ordinary political activity.”
“These ‘catch all provisions’ potentially expose any union leader to criminal prosecution, on what may be frivolous grounds,” he added.
ICTUR urged the government to review Duke’s case – and the continued application of the 1920 legislation – so as to ensure that it fulfils its obligations under the International Labour Organisations’ Convention 87 on Freedom of Association and Protection of the Right to Organise.
“ICTUR calls on the government to inquire into this matter and to ensure that trade unionists in Trinidad and Tobago enjoy full protection of their rights to freedom of expression and of association.
“We further call on the government to engage in a full review of the Sedition Act of 1920 in full consultation with trade unions so as to assess the value of its continued application, and to pursue any necessary amendments to the Act as such a review may determine are required.
“ICTUR will report details regarding this arrest in the journal International Union Rights, which was established in 1993, and which enjoys a readership in more than 100 countries,” the centre’s director told the prime minister.
We have to all be thankful to sat.The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
Monk BANzai wrote:The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
One of the more satisfying judgements ive read in a long time.... i really hope there are more like Frank Seepersad out there. It's interesting how the Sedition act, incorporated by then Dr. Eric WIlliams served to stifle out his opponents....in a time when the Doctor lost his way and became power hungry.
Full judgement here (link valid for two weeks....download and save):
https://files.fm/u/qr77hbhg
Monk BANzai wrote:The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
One of the more satisfying judgements ive read in a long time.... i really hope there are more like Frank Seepersad out there. It's interesting how the Sedition act, incorporated by then Dr. Eric WIlliams served to stifle out his opponents....in a time when the Doctor lost his way and became power hungry.
Full judgement here (link valid for two weeks....download and save):
https://files.fm/u/qr77hbhg
zoom rader wrote:We have to all be thankful to sat.The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
Our rights are being taking away under PNM.
And Redman don't come with your bull5hit SoE.
The point is PNM use this to scare and intimidate citizens of using free speech.bluefete wrote:Zoomie: Now yuh cud really cuss way de PNM and dem mods cyah do yuh nuttin.
The judge said that the Sedition Act contravenes "section 40 - the right of the individual to enjoy freedom of thought and expression"zoom rader wrote:We have to all be thankful to sat.The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
Our rights are being taking away under PNM.
And Redman don't come with your bull5hit SoE.
zoom rader wrote:The point is PNM use this to scare and intimidate citizens of using free speech.bluefete wrote:Zoomie: Now yuh cud really cuss way de PNM and dem mods cyah do yuh nuttin.
The judge said that the Sedition Act contravenes "section 40 - the right of the individual to enjoy freedom of thought and expression"zoom rader wrote:We have to all be thankful to sat.The_Honourable wrote:Watson Duke probably looking up in the heavens right now saying...
"Thank you Sat"
Our rights are being taking away under PNM.
And Redman don't come with your bull5hit SoE.
PNM and their media watch dogs was behind this vendetta by using police
The PNM media houses was all silent on the raid on Sat, they only gave the PNM side on it and push it to show that sat is a racist
We need more people like Sat to reshape this society.
PNM infringes on citizens rights. This is how Nazi Germany started.
Sedition Act struck down: Sat vindicated: Duke's case halted
Rickie Ramdass Jan 13, 2020
The Court has ruled that Sections 3 and 4 of the Sedition Act are unconstitutional, as they impose disproportionate and unjustified restrictions on a citizen’s free speech, expression and thought.
The ruling was delivered in the Hall of Justice this morning by Justice Frank Seepersad in the claim filed by secretary general of the Sanatan Dharma Maha Sabha (SDMS) Sat Maharaj, who has since died, and SDMS media house Central Broadcasting Services Ltd.
Watson
Public Services Association President Mr Watson Duke press briefing at PSA Headquarters, Abercromby Street, Port of Spain on Monday.
Photo: JERMAINE CRUICKSHANK
The ruling means that there will be an immediate halt to a preliminary enquiry against Watson Duke, president of the Public Services Association (PSA) who was charged with sedition in August of last year over statements he made during a protest at TSTT, in 2018.
Attorneys representing Sat Maharaj and Central Broadcasting Services had sought a declaration that the sedition legislation breached the constitutional rights of citizens to freedom of thought and expression, freedom of the press, and freedom of association and assembly.
Maharaj filed constitutional claim after police, armed with a warrant, went to Central Broadcasting Services, after he made certain statements on his Maha Sabha Strikes Back programme on TV Jaagriti on April 15, 2019.
Maharaj stated that citizens living in Tobago were lazy and that the men were rapists.
Even though he had not been charged, Maharaj later suggested during an SDMS Indian Arrival Day celebration that a charge for sedition against him was inevitable.
Maharaj claimed that the legislation should be invalidated as it is overly broad, vague and uncertain. He claimed that the situation left citizens confused over whether they are in breach of the legislation.
And even though Maharaj died last November, the claim proceeded since Central Broadcasting Services was also a claimant in the matter.
CEO Radio Jaagrit
document: Sat Maharaj, CEO Radio Jaagriti, displays a paper with the names of the police officers that raided the station.
Maharaj and Central Broadcasting were represented by Senior Counsel Ramesh Lawrence Maharaj, Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh, Stefan Ramkissoon and Rhea Khan, while the Office of the Attorney General is represented by Fyard Hosein SC, Josephina Baptiste-Mohammed and Sean Julien.
In a 46 page judgement, Justice Seepersad ruled that Sections 3 and 4 of the Sedition Act were patently inconsistent and are at odds with Section 1 of the Constitution which guarantees that Trinidad and Tobago is a sovereign democratic State, as these provisions impose disproportionate and unjustified restrictions on free speech, expression and thought.
“In addition, they violate the Rule of Law because they lack certainty, are vague and so their status as law cannot be reasonably justified in this sovereign democratic state” the judge said.
Following the ruling, attorneys for the Office of the Attorney General sought to have the judge suspend the order.
However, attorney Ramesh Lawrence Maharaj submitted that Justice Seepersad should make no such order, and that if the State appealed the ruling, it was up to the Court of Appeal to suspend the order.
Justice Seepersad refused to suspend the order.
What the judge found
Justice Seepersad stated that the vagueness, lack of clarity and uncertainty in the relevant provisions of the Sedition Act lead to an arbitrary application of the law.
“One of the core principles associated with the rule of law is the principle of legal certainty. The rule of law demands that citizens should be able to regulate their conduct. Legislation which is hopelessly vague does not facilitate such regulation and cannot qualify as law.
This Court is resolute in its view that sections 3 and 4 of the Sedition Act violate the rule of law. They do not qualify as law and must be struck out as these sections do not meet the criteria of legal certainty. Given the evident lack of clarity and having found that they do not meet the standard to qualify as a law, they cannot be treated as “existing law" so as to be saved by Section 6 of the Constitution" said the judge.
Justice Seepersad said that the history of Trinidad and Tobago from the period when there was a Monarchy to the post 1976 era when Trinidad and Tobago became a Republic, the impugned provisions now have no place in this sovereign democratic state where the people are sovereign.
“The unjustified limits which the impugned provisions of the Sedition Act impose upon the freedom of expression and the freedom of the press violate the binding guarantee that this Republic is a sovereign democratic state as outlined under Section 1 of the Constitution and pursuant to Section 2 of the Constitution, laws which are inconsistent with the Constitution are void to the extent of the inconsistency”, he said.
The declaration
- The declared that sections 3, 4 of the Sedition Act contravene the principle of legality and/or legal certainty, in that they are vague, uncertain and therefore illegal, null and void and they offend the rule of law;
- The Court declared that sections 3 and 4 of the Sedition Act infringe the right of the individual to enjoy freedom of thought and expression, the right to join political parties and express political views and the right to freedom of the press which are all rights which are tenets of a sovereign democratic state and individually or collectively these provisions infringe the binding declaration recorded at Section 1 of the Constitution;
- The Court declared that sections 3 and 4 of the Sedition Act are inconsistent and/or incompatible with the characteristics, features and tenets of a democratic state and pursuant to Section 2 of the Constitution they are void to the extent of their inconsistency with the Constitution.
rebound wrote:I predict some may try to discredit the Judge now.....
The black part of PNM had their feelings hurt with Sat remarks, that's why they sent the police to shake up him.maj. tom wrote:But you all realize it's more than that? That the PNM deliberately went and dig up an outdated law to politically persecute someone speaking out against them?
I guess the Privy council wil be UNC tooThe_Honourable wrote:rebound wrote:I predict some may try to discredit the Judge now.....
Start already, some comments from fb:
"The UNC judge. I was expecting that."
"All his rulings go one way irrespective."
"When will they moved these case from this judge..this judge is a Unc..."
"His rulings always benefits his own people, nothing new here."
"The state will lose every thing that goes before this judge."
zoom rader wrote:I guess the Privy council wil be UNC tooThe_Honourable wrote:rebound wrote:I predict some may try to discredit the Judge now.....
Start already, some comments from fb:
"The UNC judge. I was expecting that."
"All his rulings go one way irrespective."
"When will they moved these case from this judge..this judge is a Unc..."
"His rulings always benefits his own people, nothing new here."
"The state will lose every thing that goes before this judge."
De Dragon wrote:zoom rader wrote:I guess the Privy council wil be UNC tooThe_Honourable wrote:rebound wrote:I predict some may try to discredit the Judge now.....
Start already, some comments from fb:
"The UNC judge. I was expecting that."
"All his rulings go one way irrespective."
"When will they moved these case from this judge..this judge is a Unc..."
"His rulings always benefits his own people, nothing new here."
"The state will lose every thing that goes before this judge."
You really feel those stupid PNM sheep with their equally stupid comments even know that the P.C isn't local?
rspann wrote:All Indian is UNC for them. He has an Indian name so he is UNC. If he ruled against Sat , he would be good.
Doh study Deyalsingh , Sinanan, Rambharat , Kangaloo , Seukaran , Kazim etc.
zoom rader wrote:rspann wrote:All Indian is UNC for them. He has an Indian name so he is UNC. If he ruled against Sat , he would be good.
Doh study Deyalsingh , Sinanan, Rambharat , Kangaloo , Seukaran , Kazim etc.
all dem names you call dey are a bunch of scamps, you foget Christine ,Nafisa and the priest .
PNM ppl view UNC folks as Injun and Hindu
It's not one ah dem it's all ah dem.The_Honourable wrote:On one of dem pro-pnm pages on fb, a few comments basically stating that frank seepersad made hate speech legal and now is open season on the african, especially growlers and the president paula pride.
I can't...
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