KINGSTON, Jamaica — Five men, whose continued detention under the current States of Emergency (SOEs) have been determined as unconstitutional by the Supreme Court, are to return to the court in downtown Kingston Monday morning to complete the process.

The order, issued by Supreme Court Justice Bertram Morrison on Wednesday, is for the quintet of Everton Douglas, Nicholas Heat, Courtney Hall, Courtney Thompson, and Gavin Noble, to be taken to the Supreme Court at 10:00 am today to be released.

They are currently detained under SOEs in Kingston Eastern, St Andrew South, Westmoreland, and Clarendon.

The issue was raised in the Senate on Friday, as Opposition Senators contemplated supporting an extension of the seven current SOEs spread across the island, in the context of press reports on the judge’s decision. However, Leader of Government Business, Senator Kamina Johnson Smith, noted that the process had not yet been completed.

“We are aware of the matter that has been reported and discussed in the press regarding five men detained under the States of Emergency, and just wish to say that notwithstanding how it has been discussed or reported on, it is the government’s understanding that there has been no ruling on the constitutional matter,” she said.

“Therefore it no way it impacts on the resolutions that are before us, today, and the matter continues before the court on Monday,” she added. The Senate eventually approved the extension of the SOEs to September 3. But, in the meantime, there are reports in the press concerning the responses from the Government and the Opposition to the judge’s statement

Justice Morrison’s position was declared in separate legal challenges filed by the men’s attorneys. Some of the men have been in custody for more than a year without being charged with a crime.

Although the press was not present at the hearing, attorneys representing them have been reported as declaring that the judge held that their freedom could not be arbitrarily taken away, without a final determination by the court. The habeas corpus writ challenging the men’s detention was filed by attorneys Isat Buchanan, John Clarke, and Seheeka Richards.

Minister of National Security, Dr Horace Chang told OBSERVER ONLINE yesterday that it is a misconception that SOE detainees are detained indefinitely. He explained that the detentions are limited to 90 days, after which they are reviewed

The judge’s written decision is expected to be handed down by the end of the court term, later this month.

Balford Henry