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Clarke, Roshaine v The Attorney General of Jamaica

Case Number: 
Neutral Citation: 
[2022] JMFC Full 3
Date of Delivery: 

The Constitution of Jamaica, sections 2, 9, 13, 14 and 20 - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011,
sections 13(2)(a) and (b) and 19, The Emergency Powers Regulations, 2018, regulations 22, 30, 32, 33 and 38. Whether certain regulations violate the
constitution – Whether the regulations violate the fundamental human rights and freedoms of the individual – Whether the breaches are demonstrably justified in a free and democratic society – Whether the breaches are reasonably justified – Whether any of the Claimant’s rights have been abrogated, abridged or infringed – Claimant arrested and detained – Claimant not advised of the reason for his arrest and detention – Claimant not released after being ordered to be released by reviewtribunal – Claimant subsequently detained after being released – Claimant further detained whilst proceedings are on-going before the court – Whether the Claimant is entitled to declarations and damages Whether claims for each period of detention and the condition of the detention
should be specifically pleaded Damages - Whether the Claimant is entitled to an award of compensatory damages – Whether the Claimant is entitled to an award of aggravated damages – Whether the Claimant is entitled to an award of vindicatory damages – Whether the Claimant should be awarded special damages


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