Court Asked to Order Release of Soldier Held Without Charge

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Image created bi AI shows a soldier in uniform

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Court Asked to Order Release of Soldier Held Without Charge

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A legal application has been filed in the High Court of Antigua and Barbuda seeking the immediate release of a soldier allegedly detained without charge by the Antigua and Barbuda Defence Force.

The case concerns Claudian Chapman, who has reportedly been held at Camp Blizard, Coolidge, since 16 May without being formally charged or presented before a commanding officer as required by law.

Chapman’s legal team is seeking a Writ of Habeas Corpus, asking the court to compel the Defence Force and the Attorney General to produce Chapman before the court and justify the legal basis for his continued imprisonment.

According to the application, the Defence Force has failed to comply with provisions under both the Defence Act and its 2012 amendment, which require that detainees be brought before their commanding officer within 48 hours, be informed of the charges against them, and that a formal investigation be launched.

The legal filing further claims that no such investigation has been initiated and no explanation has been provided for the delay, in breach of section 5 of the Constitution, which guarantees the right to personal liberty.

Chapman’s attorneys are asking the court for several orders, including a declaration that his continued detention is unlawful, an order for his immediate release, and for the state to cover the costs of the application.

The matter has been filed and awaits a hearing date before the High Court.

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7 COMMENTS

  1. WHAT THE HELL…! …WRIT OF HABEAS CORPUS…? …BRIGADIER BENJAMIN RULES

    ***
    ARSE (Buttocks) FROM ELBOW:

    UNDER MILITARY DISCIPLINE ONLY ‘…FEEMONGERING ATTORNEYS,’ WHO DO NOT KNOW BETWEEN:

    (a) ‘…AN ARSE: from

    (b) …AN ELBOW:’ might be

    (c) CONFUSED WITH:

    (i) …CIVIL LAW: and

    (ii) …MILITARY LAW.’

    ***

    THEY, PERHAPS, DO NOT KNOW THAT AS FAR AS:

    (a) ‘…MILITARY DISCIPLINE IS CONCERNED, THIS IS NOT FOR ‘…HIGH COURT JUDGES.”

    ***

    THESE ARE FOR ‘…MILITARY TRIBUNAL.

    ***

    WHO RULES OVER THE MILITARY: ‘…JUDGE OR COMMANDER…?’

    ***

    ANSWER:

    BRIGADIER TELBERT BENJAMIN RULES OVER THE M

    ***
    KNOW THE DIFFERENCE:

    NO CIVIL JURISDICTION BY ‘…CIVIL COURT JUDGES OVER ‘…MILITARY DISCIPLINARY AFFAIRS.’

    ***

    WALK GOOD.

    ***

  2. When persons are doing things through personal feelings and using the work to have things done this will be the out come a clown show

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