Teen challenges ‘safe house’ detention

Justice Vasheist Kokaram granted leave to the teen whose mother brought the action, complaining that her son was being kept in solitary confinement and was depressed.

He was placed in the house after Kokaram, in May of last year, ruled that the YTC was not suitable as a remand facility for young offenders.

Kokaram held that confining juveniles with adults at the YTC and the Women’s Prison, in Arouca, amounted to cruel and unusual punishment.

He ordered that the juvenile be placed in a community residence to be determined by the Children’s Authority.

The teenager was placed in a house as there are no community residences in Trinidad and Tobago.

According to the lawsuit, the child’s detention at the house amounted to solitary confinement and was illegal, unconstitutional and cruel and unusual punishment.

He is said to be suffering from depression, loneliness and frustration as he was the only person in the house, other than the staff. He has also told his mother he was “so lonely that it hurt”, and on one occasion escaped the house by destroying the burglar proofing to his bedroom.

The mother called the police who took him back to the facility, despite her son begging her not to send him back.

The guards at the house, according to the mother, did not even know her son had gone missing.

In the lawsuit, the teenager’s mother is asking that he be immediately released into her custody until the authorities find a suitable community residence as provided for under the Children’s Act.

Representing the juvenile are attorneys Anand Ramlogan SC, leading Ganesh Saroop, Jayanti Lutchmedial, instructed by Alvin Pariagsingh.

Senior Counsel Douglas Mendes, leads Josefina Baptiste-Mohammed, Amrita Ramsook instructed by Keisha Prosper for the Attorney General.

Attorneys Sharlene Jaggernauth, Denelle Singh and Nafeesa Mohammed appear for the Children’s Authority.