Although Duncan decided back in 2011 to establish such an office, it had not yet been completed at the time the Council carried out its research. Neither has the amendment of the Code of Criminal Procedure (CCP) to improve the legal position of victims of crime come into force.

 

"The Council hopes that the establishment of the Office for Victim Support and the amendment of the Code of Criminal Procedure (CCP) will be effected without delay and that the government of St. Maarten will provide proper funding, as these are of the utmost importance. The Council is of the opinion that the society of St. Maarten in general and the victims of crime in particular deserve this," the Council stated in the report entitled "Victims Assistance in St. Maarten."

 

Council on Law Enforcement member Franklin Richards presented a copy of the completed report to Minister Duncan on Tuesday April 23. The report looked at the "methods employed by the criminal justice system for helping the victims of crime."

 

The council stated that the Parliament of St. Maarten had adopted a new criminal code in May 2012 and that the CCP currently was being reformed. These amendments have improved the legal position of victims in many ways. However, the Council claimed that these laws fall short of the level of protection for victims of crime as recommended by the United Nations.

 

"The Council welcomes that the proposed wider concept of 'victim' included surviving relatives, but at the same time notes that the concept of 'victim' in the UN recommendations also includes immediate family or dependants of the victim, including persons who were involved in the occasion which gave rise to the victimisation. Neither the present CCP nor the proposed amendments to it include these categories of victims," the report noted.

 

As for the treatment of victims, it is proposed that the new CCP set out that it is the Prosecutor who ensures the correct treatment of victims. The Council on law Enforcement is in favour of this codification, as it provides better guarantees than the current unwritten rules.

 

"The subject of the provision of information to victims about the possibility of claiming compensation, envisaged in the proposed amendment to the CCP, is also considered an improvement," stated the Council.

 

The draft proposal of the new CCP, unlike the present CCP, does not contain a general provision stating that the government should provide the necessary assistance to the victim of a crime who is in need of help and support. The Council advises that such a provision remain incorporated in the CCP, the more so as it will provide a legal basis for an Office for Victim Support.

 

"The UN declaration contains recommendations that urge governments to set up a compensation fund for victims of crime in order to compensate victims in certain cases. There is no such fund in Sint Maarten, nor does the new legislation provide for the establishment of such a fund."

 

The Council stated that as long as an Office for Victim Support was not in operation, mainly the police and the Prosecutor's Office were faced with providing care and assistance to victims of crime. As part of the case screening project, the police and the Prosecutor's Office have arranged that the latter will be responsible for providing information to the victim if it decides not to prosecute.

 

However, no arrangements have been made about the provision of information in the meantime. As victims reporting a crime are by law entitled to be informed about the progress of their case on request, it is necessary to satisfy their need for information. The Council found that the treatment of victims largely depended on the police officer concerned.

 

"This emphasises the importance of developing and setting out clear standards," it stated in the report.

 

The Council noted that both the Police Management Team and the Prosecutor's Office had shown their intention to improve the treatment and provision of information to victims. It outlines a number of its own suggestions as to how they can do so, including the development of criteria setting out when, how and at what stage the victims receive information on the progress of the case from the police, before a decision on whether to prosecute is taken, and the responsibility for the provision of information shifts to the Prosecutor's Office.

 

The Council also makes its case for compensation mediation as an appropriate way of obtaining compensation for the victim's financial loss within a relatively short time.

 

"Each year the Prosecutor's Office settles a number of cases by way of victim's compensation mediation. Since there are no criteria in place for arranging this, it depends on the Prosecutor in charge whether or not this route is chosen. The execution of sentences proves to be problematic in Sint Maarten. Compensation ordered by the trial judge is often not collected, leaving the victim empty-handed. Moreover, there is no compensation fund for victims of crime in Sint Maarten."

 

The Council therefore also suggests developing criteria setting out when victim's compensation mediation can take place. "These should be set out in a written document that should be brought to the attention of the Prosecutor. The police should be informed about these criteria and their role in this regard. The execution of orders granting awards should be ensured."

 

The report further stated that "much to its satisfaction, it has found that within the criminal justice system, the position of victims has gained considerable attention lately. The Minister of Justice, in deciding that an Office for Victim Support must be established in St. Maarten, has taken an important step." It is the Council's opinion that such an office could very well raise the support and assistance for victims to a new level.

 

As its starting point, the Council used recommendations as stated in the United Nations declaration "Basic Principles of the Justice for Victims of Crime and Abuse of Power" on the fundamental rights of victims of crime. These recommendations also were compared to other "relevant statutory laws of St. Maarten. According to the report, the Council also used these recommendations as a standard to assess procedures for victim support.

 

(The Daily Herald)