PHILIPSBURG - Mr. Franklyn Richards, Chairman of the Council for Law Enforcement, recently presented 5 reports regarding various aspects pertaining to law enforcement on St. Maarten to St. Maarten's Minister of Justice, Mr. Dennis Richardson.

 

The presentation of the reports had been delayed due to the council having to await the completion of a new government formation in St. Maarten.

 

The minister of justice has welcomed the reports and will send them within short, pursuant to the Kingdom Act on the Law Enforcement Council, along with his advice, to Parliament.

 

One report presented by the Council on Law Enforcement addresses findings on the enforcement of verdicts involving the payment of fines, the payment of claims for damages or the seizure of illegal profit ordered in criminal cases in Sint Maarten.

 

Another report details the control and supervision of the prosecutor's office in the selection of criminal cases as well as the processing thereof by the Police force investigated.

 

A third report deals with the investigation at the Immigration and Border Protection Service (IBP) of the Ministry of Justice of Sint Maarten revealing a practice that is in contradiction with the directives of the Minister of Justice.

 

A separate report addresses the investigation concluded on the use of violence by and against the police force in Sint Maarten.

 

An additional report reveals how recommendations to improve the process of reporting a crime at the police station have not been implemented in full.

 

Enforcement of verdicts involving the payment of fines, the payment of claims for damages or the seizure of illegal profit ordered in criminal cases in Sint Maarten.

 

The report dealing with verdicts involving payments of fines and of claims for damages details the Council's response to a basic question often asked.

 

That question is: to what extent does the Public Prosecutor's Office fulfill its duty to enforce verdicts involving the payment of fines, claims for damages or the seizure of illegal profit ordered in criminal cases; and how does this Office enforce the payment of damages in cases the Office handles itself?

 

The report says that the information necessary to paint a reliable picture of the actual situation is unavailable and cannot be generated. Information about the amount of cases where a suspect or a convicted person had to pay for damages is unavailable, as well as any information as to what extent said damages were actually recovered.

 

According to the report, a significant amount of fines do not get paid, and more often than not victims do not get compensation after a decision is taken by the judge or the prosecutor. The situation remains without consequences for the violator. Implementing a judgment in criminal cases that involve a sentence to pay damages or fines differs from other means of debt-recovery, thanks to the existing legal options to enforce payment. Those who default on their payments can be detained or even subpoenaed. In St. Maarten these legal instruments are not applied, says the report.

 

The Council considers the current situation disconcerting. Court rulings ought to be executed; flaws in the execution process undermine the system's credibility.

 

In its research the Council focused on methods implemented by the Public Prosecutor's Office in other countries within the Caribbean part of the Kingdom to collect moneys owed as a result of a sentence. The Council is convinced that the best results will be obtained when using the legal provisions specifically designed to allow for a different implementation of debt recovery then the regular debt-collectors.

 

The term 'Pay or Stay', crafted by the St. Maarten Public Prosecutor's Office is a fitting label for this approach. The Council finds that this policy needs to be applied without further delay. It is therefore encouraging to note that in the first half of 2014, the Minister of Justice created a multi-disciplinary workgroup for the purpose of improving the collection of traffic fines, notes the report.

 

Investigation at the Immigration and Border Protection Service (IBP) reveals practice that is in contradiction with the directives of the Minister of Justice.

 

In its annual plan for 2014, the Council has determined that an inspection must be carried out on the policy and practice on admission and expulsion of non-nationals in Sint Maarten.

 

An examination into the admission of non-nationals is of importance for the protection of the social and economic growth as well as safety and security of Sint Maarten, states the council in its report on the topic in question.

 

In 2014, the Council conducted a study of the applicable legislation and policies related to the admission of foreigners, concentrating on applications for a residency permit for employment purposes. The study examined how the applicable laws and policies are applied in practice. The Council also looked at how tracking and surveillance occurs after legal residence of the non-national ends and what measures are taken once the non-national no longer lives up the requirements for residence.

This investigation also shows that once admission is granted, there is no system in place that automatically generates a notification when the validity of the permit expires. Neither is there a routine check to determine if the residence requirements and restrictions are complied with.

 

Recommendations to improve the process of reporting crime at have not been implemented in full.

 

In its report regarding recommendations to improve the process of reporting a crime at the police station, the council finds that these recommendations have yet to be put in practice in its entirety.

 

In a report, handed to the Minister of Justice by Council on law enforcement, mention is made of the Council first investigating the process to report a crime in St. Maarten in 2012. The matter had been addresses considering experiences of both victims and witnesses with the reporting of a crime, their views of the law and their trust in law enforcement and its associated agencies.

 

The council concludes that the result of a follow-up investigation into the process of reporting a crime, is alarming. The general conclusion is that most recommendations have not been acted upon. Therefore the Council calls the Minister of Justice, the Police force of St. Maarten and the public prosecutor's office to actively pursue the follow-up and implement the recommendations in full.

 

The control and supervision of the prosecutor's office in the selection of criminal cases as well as the processing thereof by the Police force

The report dealing with the manner in which the public prosecutor's office selects criminal cases for further handling and the processing thereof by police mentions how incident-based investigations are those inquiries that start with statements of a victim, a witness or with the arrest of one or more suspect(s).

 

The Council on law enforcement, is charged with, among others, the general inspection of the Public Prosecutor's Office and the police. With its findings the Council strivers to contribute to a more effective combatting of crime.

 

In its annual plan for 2014, the Council has determined that an inspection must be carried out on the control and supervision of the prosecutor's office in the selection of criminal cases as well as the progress and quality of incident-based investigations.

 

Bottlenecks identified in the cooperation between the police and the prosecutor's office were, for those organizations, reason to jointly reach a working method for the incident-based investigations, to be referred to as case screening, which was implemented in 2012. With regards to the screening, which is the first selection of cases, based on fixed criteria, the Council sees a major improvement as compared to the situation prior to 2012. The improvement resulted in better use of the scarce capacity of the police. On the other hand the Council identifies several critical shortcomings in both the described and encountered work method.

 

Therefore Council considers it of great importance that both organizations reflect on their views and discuss the process and cooperation in the field of incident-based investigations.

 

Use of violence by and against the police force in Sint Maarten

The Minister of Justice additionally received a Council on Law Enforcement report with the results of its investigation on the use of violence by and against the police force in Sint Maarten.

 

The report, 'Use of violence by the police in Sint Maarten' addresses the questions how the use of violence by police is regulated and, to which extent, violence and disproportionate violence is used by the police. The report, moreover, looks at how the use of violence against police officers is dealt with.

 

The Council reviewed aspects of legislation, powers, prepared knowledge, training, skills, testing, follow-up or investigation of complaints and reports, as well as the registration of such.

 

For legal use of violence the requirements of proportionality and subsidiarity must be taken into consideration. If a police officer does not consider these requirements when using force, this could be a case of disproportionate violence, notes the council. Whereas the know-how of police officers is, in general, deemed sufficient, when confronted with such cases, it is advisable that police officers get the opportunity to refresh their skills and training.

 

In order to maintain these skills, there exists an integral professional skills training (IPST). The Council notes that the St. Maarten police force is significantly behind in this area.

 

The importance of training and testing is nonetheless recognized by the management of the police force and on February 24th of last year, training for professional skills was initiated for the members of the force.

The physical condition of police officers needs attention also, notes the council.

 

The report mentions that a citizen may complain about any case of police repression at the Internal Affairs Bureau of the Police Force of Sint Maarten, the Ombudsman and the Joint Court of Justice. In addition, a Complaints Committee Police Action must be installed on Sint Maarten, says the council.

 

On the basis of an investigation conducted and available figures obtained, the Council is of the opinion that there is no structural problem were the use of violence, verbal abuse and disproportionate violence by the police is concerned. Use of violence must, however, always be a point of attention for the management of the police force and must be handled during the coaching, schooling and training of police officers.

 

With regards to violence against police officers, the council is of the opinion that the use of force and verbal abuse against the police is also not a structural problem on Sint Maarten.

 

About the Council

The Council for Law Enforcement was established in 2011 by Kingdom decree. The Council for Law Enforcement is an inter-insular body, responsible for the inspection of the various organizations within the justice system. The ultimate objective is to provide recommendations to the Ministers of Justice of the three countries of the Dutch Kingdom in order to correct shortcomings. The Council consists of three members who are appointed by Royal Decree and represent respectively Curacao, the Netherlands for the BES islands and Sint Maarten.

The Council has a secretariat with offices in St. Maarten, Curacao and Bonaire. The Secretariat of the Council for Law Enforcement in St. Maarten is located in the Joeliva Building, Charles Voges Street 7 in Philipsburg. Telephone numbers for the secretariat in St. Maarten is 542-9021 and 542-9022.

 

For further information on the Council for Law Enforcement, visit the website: www.raadrechtshandhaving.com

 

 

In the picture:

From left to right: assistant senior inspector to the Council on Law Enforcement (St. Maarten) Oberon Nauta, Justice Minister Dennis Richardson, Council on Law Enforcement chairman Franklyn Richards, Council on Law Enforcement official Lixzandra Marquez and Council on Law Enforcement (Curacao) assistant inspector Eugene Morillo, at presentation of reports.

 

Source: Sint Maarten Island Time