Attorneys have expressed shock and concern over the move to repatriate all the Venezuelans who witnessed the Coast Guard’s tragic killing of baby Yaelvis Santoyo Sarabia.
Attorney Criston J Williams had on Thursday issued a pre-action letter to National Security Minister Fitzgerald Hinds requesting that the children be released and that the Venezuelans, whom he said were refugees, be given a permit to stay in Trinidad as they were witnesses to the killing of the infant and key to the investigations.
One week ago, last Saturday, a migrant vessel with 37 people—17 adults and 20 children—illegally entered Trinidad’s waters, causing the Coast Guard to intercept and fire upon the vessel.
Baby Yaelvis was shot in the head and died in the arms of his mother, Darielvis Sarabia, who was injured and currently hospitalised at the Sangre Grande Hospital.
All occupants of the vessel were detailed at the Heliport, Chaguaramas. On Wednesday, Sarabia’s two-year-old daughter, Danna Isabella Santoyo, was released to her father, Yermis Santoyo.
The Express understands that around 4 a.m. yesterday, all the Venezuelans, including the 18 children, were taken to a boat for repatriation to a Coast Guard base in Güiria, Venezuela.
National Security release
A release from the National Security Ministry said yesterday that in keeping with established protocols between the T&T Coast Guard and its Venezuelan counterparts, a repatriation exercise was completed at the border between T&T and Venezuela.
It said that people on this repatriation exercise included 35 of the 39 Venezuelan nationals who had entered T&T illegally on February 6.
The release said that prior to their repatriation, all people were screened by T&T’s “competent authorities”, as well as representatives of the Venezuelan Embassy, to ensure, among other things, that there were no victims of human trafficking among them.
“Co-operation between the Venezuelan authorities, both civil and military, was maintained throughout this exercise. This was to ensure the preservation of the safety and security of the nationals of both nations,” said the release.
The release concluded, “The Trinidad and Tobago Coast Guard, which was as usual, the main operational unit in this exercise, ensured that all of its efforts were in keeping with the highest standards of professional conduct, consistent with the Government’s policy and the laws of Trinidad and Tobago, the release said.
The Express contacted Hinds via telephone, however, he repeatedly referred to the content of the news release.
Asked if he had received the pre-action protocol letter and his comments on that, Hinds said he did not.
International repercussions
Speaking with the Express by phone, attorney Williams expressed concern and surprise over the repatriation, and warned that this would have international repercussions.
He questioned whether the investigation into the death of the baby was concluded.
Williams said there has been no acknowledgement of receipt nor reply to his pre-action letter sent to Hinds on Thursday.
The letter was sent electronically and physically.
He said a letter was also sent to the Chief Immigration Officer stating there was talk of deportation since Thursday, but there was also no response.
He said more letters were sent to Immigration and the National Security Ministry yesterday seeking to get information, but again no response.
He noted there is a human rights committee which falls under the purview of the Office of the Attorney General and there is also an Immigration Advisory Committee, and he would like to read their comments on this issue as their advice ought to guide the National Security Minister’s decision and actions with respect to the “refugees”.
“If we don’t investigate the death of a child properly, that would be contrary to the Convention of the Rights of a Child that we are signatory to,” he said.
Deported at dawn
Venezuelan national Kenia Navarro had two relatives who were repatriated yesterday—her 15-year-old niece, Faryelis Orsinis, and brother-in-law, Luis Alexis Ramírez.
“They were all deported at dawn; they were taken from the Heliport at 2 in the morning. They already have them in a military base in Venezuela in the State of Sucre, waiting to be taken to Tucupita,” she said.
She said she has mixed feelings as she is glad they have been released to their families but sad that the T&T Government could not provide humanitarian help.
Human rights activist Yesenia Gonzales told the Express that the Venezuelan community will not allow the killing of the infant to be swept under the carpet.
“This is going to be another scandal internationally. The Venezuelan community will continue pleading for justice,” she said.
Not the first time
Attorney Nafeesa Mohammed said this is not the first time this Government has shipped children back to Venezuela.
She reminded that in November 2020, some 16 children, including babies, had entered Trinidad waters on a vessel and were intercepted and placed in cells at the Erin Police Station.
“When I heard there were children lock up in a cell in a police station for several days, that is when I got involved and, lo and behold, when an application was filed for habeas corpus to be able to have the children produced in the court and when the matter was fixed for that Sunday morning, I got word that they were moving to send those children back to Venezuela on a boat,” she said.
Mohammed said she is surprised that in the midst of an investigation, persons were sent back.
“A child head was blown off in our territorial waters, that has serious ramifications, whether an inquest has to be conducted or not to determine the circumstances,” she said.
She asked if the witnesses have been repatriated what happens in terms of the collection of evidence.
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Sources:Feb 12, 2022. Attorneys shocked by repatriation