Parliament wants to hear the Bar on BOB-law

March 19, 2012 11:16 AM

WILLEMSTAD - The Parliament still wants to hear the opinion of the Bar on the introduction of the National Ordinance Special Investigation Authorities (BOB).

This appeared this morning during the discussion of agenda item for the final voting for the law. Minister of Justice Elmer ‘Kadè’ Wilsoe (PS) was babuká (amazed) but had no other option than to return to his office.Wilsoe stated on the day the BOB-law was discussed and preliminary approved it had regarded an adjusted version whereby the best local criminal lawyers and professors had studied the privacy aspect and made numerous changes; even this morning, with a third government amendment. “Nevertheless, I respect the Parliament and who am I to say what they have to do. Although I’m rarely amazed, this morning had been one of those times.” After all, the Parliament of Curaçao had approved the BOB-law in November last year. This law allows far-reaching tracking methods such as installing monitoring equipment or direction finder beacons and infiltration when investigating serious organized crime such as drug trafficking, money laundering, financing terrorism and human trafficking.

However, these methods are only allowed after the requests are accessed and the judge gives permission. After all, the parliaments of St. Maarten and Aruba also had to approve the BOB-law in order to guarantee the uniformity within the Kingdom. That approval was finally given in February and this month. St. Maarten had taken almost one and a half year before discussing the law and last week three members of Parliament requested a postponement of one month to hear the people. The Ministry of Justice on St. Maarten has already prepared an information campaign for the people. Minister Wilsoe announced that Curaçao is also to launch such campaign.

The request to hear the Bar was made by the one-man party of Anthony Godett of opposition party FOL. Godett refers to comments from lawyers on Aruba, who reported that the privacy was flagrantly violated during a criminal investigation. “We’re not asking much considering Curaçao had to wait four months for Aruba and St. Maarten.”

Godett was backed by PS-leader Helmin Wiels, who didn’t think the request was unreasonable. “Some lawyers have their objections and we also indicted this during previous discussions.” Opposition party PAR was against the request. The process of the BOB-law had taken over four years and lawyers were seated in committees when the law was drafted. Pedro Atacho: “Are we now to hear everyone? It’s time to take a vote.” Once the final vote is taken the law can be published and become effective. This is essential to combat organized crime. Moreover, there’s considerable pressure from the outside to implement the BOB-law.

Curacao Bar Association

On behalf of the Bar, Suardus Fontein states he is willing to grant the request but not today. “That’ll be somewhere next week or in two weeks. We are to prepare ourselves and cannot present ourselves this very minute.” Fontein does not know whether the advice will carry some weight. “It rather seems a delay tactic instead of aiming forwards.”