← belizelaw.ai · Belize Constitution, Cap. 4 · PART II — Protection of Fundamental Rights and Freedoms
Protection of persons detained under emergency laws
Cap. 4, s. 19 · Revised Edition 2020
(1) When a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Belize during that period, the following provisions shall apply, that is to say,
(a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands of the grounds upon which he is detained and furnished with a written statement in English specifying the particulars of those grounds;
(b) not more than fourteen days after the of his detention,
a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;
(c) not more than one month after the of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among who are practitioners;
(d) he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to 40 the tribunal appointed for the review of the case of the detained person; and
(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice.
(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(3) Nothing contained in subsection (1) (d) or subsection
(1) (e) of this section shall be construed as entitling a person to legal representation at public expense.
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