PHILIPSBURG--The situation under which underage male offenders are being detained at the Philipsburg Police Station was the reason for the Judge on Thursday to not send a 17-year-old repeat offender to prison.

 

The court hearing in the case of J.N.I.R., who will be turning 18 in October, was adjourned on July 2 to give the Judge, the Prosecutor and the defendant's lawyer the chance to inspect the cells in which the young man was detained, after he had complained about his detention.

 

The boy confessed he had committed a home burglary and two attempted burglaries, shortly after his release from detention for other crimes. He was caught red-handed on March 22, and was held in detention since then.

 

He claimed that the cells in Philipsburg Police station, where two cells for six persons in total were sectioned off to keep juvenile offenders, were dirty and badly ventilated, and with very limited resources for study and recreation.

 

The problem arose because the young man of limited intelligence had been given suspended sentences on previous occasions, but would not stop offending.

 

Juvenile Prosecutor Karola van Nie requested a sentence of 20 months, plus the execution of half of two previous suspended sentences, totalling an additional 12 months.

 

Lawyer Geert Hatzmann said his client would benefit more from professional, strict guidance and counselling than from having to spend a long time behind bars among criminals.

 

He pleaded for a sentence equal to time already spent with community service.

The case once again highlighted the urgent need for a proper youth detention facility in St. Maarten, which the Youth Prosecutor said should become operational towards the end of the year.

 

During Thursday's hearing, the Judge gave an account of the cell inspection, which had taken place on Tuesday, August 12. He said the windowless, 2.5 by 4.5 metre cells, had no access to direct daylight. "It was warm and oppressive," the Judge said, also noting there were only two ventilation holes in the ceiling to allow for fresh air.

 

The Judge also was critical of the day programme which had been offered to the young detainee on only 19 days in June and 16 days in July. Airing took place twice per day for one hour each, at 7:30am and at 12:30pm.

The Prosecutor said that in this particular case the interests of society in keeping the suspect in detention should weigh more heavily than the defendant's interest in proper detention circumstances.

 

It is the Prosecutor's Office's policy to keep underage offenders in detention for only several days, with a maximum of four persons (two per cell). Prosecutor Van Nie said that the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment CPT, which had visited the islands in May, had issued a critical report on its findings on youth detention in Curaçao and Aruba, but not in St. Maarten.

 

However, all remand centres at the police station on the islands were deemed unsuitable for long-term detention.

 

The Joint Court of Justice also was critical about the circumstances under which youths were held in custody and stipulated that day programmes should be adhered to "as far as possible."

 

Attorney Hatzmann described the circumstances under which his client was detained at the police station as degrading and impermissible. "My client stays in a cell with faecal stains on the wall. His day programme is erratic and amateurish," the lawyer said in claiming his client was entitled to a substantial reduction on his sentence.

 

The Judge considered all charges proven. He said that detention did not seem to make much of an impression on the defendant, who seemed to be unable to change his behaviour.

 

The Judge did not criticize the Prosecutor's Office or remand centre staff, but said prolonged detention at the facility was deemed unacceptable by CPT.

 

Since July 1, the Judge of Instruction is no longer tolerating detention at the remand centre for longer than 10 days. Overstays will be sanctioned by a month reduction on a sentence. "Every month spent too long at the police station will be counting double," the Judge explained.

 

"The hygienic circumstances leave much to be desired, the absence of a day programme and short airing periods should be sanctioned by a reduction on the sentence," he said.

 

Considering that this young defendant had already spent five months in pre-trial detention the judge said it was unacceptable to let him sit longer. He was sentenced to 130 days, which was equal to time already spent. The Judge also ordered the young man's pre-trial detention to be lifted.

The Prosecutor's request for execution of suspended sentences was rejected. However, the defendant's probation time remained intact under guidance of the Court of Guardianship.

 

(The Daily Herald)