Parliament discusses BOB-law

February 16, 2012 12:51 PM

ORANJESTAD — The bill of National Regulation Special Tracking Authorities (BOB) was presented to the parliament in October 2010, but now it’s finally been put on the agenda for discussion.

If Parliament approves this law, Justice can use legal tracking methods such as monitoring and infiltrating criminal gangs.Many countries have been using these tracking methods for years, also in The Netherlands where the BOB-methods were included in the Code of Criminal Procedure in 2001. This was mainly due to the notorious IRT-affaire, whereby controversial tracking methods were used such as letting drugs through deliberately to infiltrate criminal gangs.

Justice on Aruba has been using tracking methods such as wire-tapping, pseudo-purchase (for example to catch drug traffickers) and infiltration for years, although it was illegal. The Amigoe has reported this several times in the past years. In some large-scale trials against criminal organizations this illegal tracking had led to lower sentences against suspects and a rap over the knuckles from authorities. The judge had not or only partially allowed information obtained through such tracking techniques as evidence.

Gudeline tracking methods

Without a law the Aruban Justice felt crippled for years because it was very difficult to tackle organized crime. In 2008, the Attorney General of Aruba and of the (former) Antilles published a guideline, announcing which tracking methods Justice used that were not provided for by law. It regards systematic observation, infiltration (by police officers and by citizens), a pseudo purchase or service (also by citizens) and monitoring. With this, Justice attempts to make own arrangements in anticipation of the definite legislation.

The Explanatory Memorandum of the new bill BOB also mentions that guideline. However, in a reply, the Advisory Council deals summarily with this. The Council finds that guideline ‘incomprehensible’ and believes it contravenes the European Treaty of the Human Rights and the Constitution of Aruba. In reply, the Minister of Justice states ‘as yet it hasn’t been established to what extent that decision of the Attorney Generals is legally tenable’.

Meanwhile, almost one and a half year has gone by since the government presented the enactment to the parliament. However, the latter was unable to discuss such because the government had subsequently presented three government bills of the law, of which the last one on February 1st this year. Changes were necessary due to the dismantlement of the Netherlands Antilles. For that matter, the parliament of the new country Curaçao only approved the BOB-legislation in November 2011. That was a ‘preliminary’ approval by the way because the parliaments of Aruba and St. Maarten are yet to vote on this legislation. The three countries namely wish to gear the BOB-laws for one another (because of international crime combating).

16 February 2012