PHILIPSBURG--The Constitutional Court of St. Maarten will present its decision in the case filed by Ombudsman Nilda Arduin to declare six articles in the new Penal Code null and void today, Thursday, at 1:30pm. The case was filed by the Ombudsman in January because she considers the articles to be in violation with the Constitution.

 

During the hearing of this case on July 2, Court President Jacob "Bob" Wit had announced that the Constitutional Court was to present its decision in September, but it was announced Tuesday that the Constitutional Court will present its first-ever ruling via video-conferencing from Curaçao today.

 

In this case, the Ombudsman is seeking annulment of amendments to the penal code that would make cockfighting legal and annulment of an article that imposes higher sentences for crimes committed against tourists.

 

In addition, the Ombudsman is of the opinion that the removal of periodical review for release of detainees after serving 20 years of a life sentence, the early release of foreign detainees who have been sentenced for a term of less than five years and the exclusion from conditional release of foreign detainees who have been convicted for a term of over five years are not compatible with the Constitution.

 

The Ombudsman also requested that the Court annul the implementation of a permit system for the exploitation of prostitution.

 

The proceedings also included the Ombudsman's objection to the fact that government had not presented the ratified Penal Code in such a manner that she had been granted the legally prescribed period of six weeks to prepare and initiate the current proceeding before the Constitutional Court. Another procedural matter concerned alleged irregularities in the numbering of the new Penal Code.

 

Ombudsman Arduin said she had filed these cases as guardian of the Constitution in safeguarding the rights of all people.

Government's lawyer in this case, attorney-at law Richard Gibson, said it was government's "firm opinion that this case had not to do with the fact whether these laws are against the Constitution, but more on moral or ethical grounds." He said government did not support the conclusion that the abovementioned stipulations in the criminal code were against the Constitution.

 

In opening the first hearing of the Constitutional Court, Court President Wit referred to the occasion as a "truly historical event" and a "very remarkable trial" in which the new Criminal Code is being scrutinised pertaining to its compatibility with the highest law in the country: the Constitution. In this regard, there is "no precedent, no tradition. It's a totally new ballgame," Wit said.

 

The Constitutional Court would take ample time to assess each element in this case carefully and thoroughly, as the ruling would set a precedent in future cases, Judge Wit said in July.

 

(The Daily Herald)