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19th Dec 2022
Robert Strang and Adam Riley Instructed by Freedom Law Chambers (Trinidad) for the Appellant.
Howard Stevens KC and Katharine Bailey Instructed by Charles Russell Speechlys LLP (London) for the Respondant.
LORD BURROWS (with whom Lord Hodge, Lord Leggatt, Lady Rose and Lord Richards agree):
“4. It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely:
(a) The right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
(b) The right of the individual to equality before the law and the protection of the law;
…
(2) … Parliament may not—
(a) authorise or effect the arbitrary detention, imprisonment or exile of any person;
(b) impose or authorise the imposition of cruel and unusual treatment or punishment;
…”
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