Saint Kitts and Nevis

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October 15. 2020. No. SKBHCV2020/0090. Eastern Caribbean Supreme Court State of emergency; freedom of expression; freedom of assembly; discrimination The Eastern Caribbean Supreme Court as the quasi constitutional court of Saint Kitts and Nevis held that the declaration of state of emergency was constitutional in Saint Kitts and Nevis, but the authorities applied certain curfew rules on a discriminatory manner, therefore, a declaratory remedy was provided for the claimants. Three members and the leader of a parliamentary group initiated a constitutional review process before the Eastern Caribbean Court of Justice. The General Governor of Saint Kitts and Nevis challenged the constitutionality of the parliamentary resolution extending the duration with six months on the ground, that the temporal scope of this resolution was indefinite. Apart from this, the claimants showed evidence that the authorities favoured the government during the curfew period, especially during the electoral campaign period by allowing them to hold assemblies with less restrictive rules than the ordinary curfew regime, and also to provide them more time to express their views in the media than the oppositional candidates. The Eastern Caribbean Court of Justice rejected the claim regarding the validity of the parliamentary opposition, but upheld the claims against discriminatory curfew policies. However, the claim for damages was dismissed, the Court just provided a declaratory remedy for the petitioners by stating that certain curfew rules were applied on a discriminatory manner. https://www.eccourts.org/judgment/marcella-a-liburd-et-al-v-the-attorney-general-of-saint-christopher-and-nevis-et-al   https://www.covid19litigation.org/case-index/saint-kitts-and-nevis-eastern-caribbean-supreme-court-high-court-justice-saint-kitts-and