Prisoners at KIA bring government to court again

July 24, 2012 9:02 PM

ORANJESTAD — Prisoners of the Correctional Institute Aruba (KIA) instituted summary proceedings against the government again. According to lawyer John Zara, nothing happened despite a verdict from the Court early last year to prevent rainwater from entering the cells.

However, the lawyer who represented 150 prisoners last year and a group of ten now is in first instance not the person who instituted these summary proceedings. More than two weeks ago, on behalf of a group of fifteen prisoners, Rossi Marchna submitted the request with the court. Zara joined them last Friday. He expects more prisoners will report as well. “I assume I will be representing the same group of 150 prisoners, although of course they have the choice to join Marchena’s group.” A date hasn’t been set for the handling of the summary proceedings.

Zara wants the government to execute the verdict of last year. “The latter should have done so six months after the verdict. Fifteen months have passed and nothing has been done yet, according to my clients. They had seen a building contactor on the premises but rainwater is still coming into the building.” Moreover, the lawyer wants the court to decide once again on the number of prisoners per cell. According to him, that should be less than three per cell. The prisoners should be sent home if their demands cannot be met, said Zara. For that matter, the government is not obligated to maximum two prisoners per cell, as the court judged in the case of the prisoners represented by Zara last year. The judgment was namely reversed on appeal.

For that matter, in that appeal the Court ruled that the government covers the cells at KIA against rainwater within six months. The Court assumed that the Country is obligated to take care of the prisoners at KIA. “In any case, that obligation includes that prisoners are confined in dry cells,” according to the verdict of April last year.

The Amigoe’s attempts to contact lawyer Rossi Marchena were in vain. It is unknown if the group of Marchena has the same demands as that of Zara.

(Amigoe)

The prisoners were represented in this case by attorneys mr. Rossi Marchena and mr. John Zara. Mr. Rossi Marchena is an attorney and partner at law firm Lejuz & Marchena Advocaten on Aruba. Mr. John Zara is an attorney at law at Advocatenpraktijk mr J.F.M. Zara on Aruba.