PHILIPSBURG, Sint Maarten – Regarding this issue, I ask not to be seen or approached as a proactive advocate, but rather as a concerned and engaged Member of Parliament pursuing structural legal and political solutions – both for the population and the prison system.
My involvement in this matter is not a temporary role or political talking point. It is the result of years of dedication, legal battles, and parliamentary action.
What must not be ignored is that I have taken steps at various levels over the years:
Year Role Action
- 2015-2020 Attorney Various lawsuits filed against the government in pursuit of structural improvements.
- 2020 Advocate Promoter of safe detention policy during COVID-19
- 2020 Legal representative Representation of detainees in court
- 2021 Critic Public criticism of inadequate Dutch policy
- 2024 MP Support for legal access through community desks
- 2025 Chair, Justice Committee Initiator of parliamentary dialogue on Pointe Blanche
As an attorney – and now as a Member of Parliament – I have actively highlighted the grave issues at the Pointe Blanche prison. I know the situation from the inside. In February 2021, I stated in a NOS feature:
“We are part of the Kingdom. The Netherlands is heavily involved in our judicial system, yet claims the prison is a matter for Sint Maarten alone…”
That statement illustrates the double standard I have consistently pointed out: The Netherlands heavily invests in law enforcement, yet remains absent when it comes to structural investments in detention infrastructure.
Structural Abuses: Overview of Reports and Findings
1993–1995: Initial Abuse Reports
- Amnesty International reported systemic abuse by guards in 1995, including beatings, kicking, and assaults with steel-toed boots.
2015: CPT Inspection
- The European Committee for the Prevention of Torture (CPT) identified:
- Insufficient medical care
- Ongoing safety deficits
- Staff shortages
- Lack of psychological support
- No dentist
- Too few medical hours per week
2017–2019: Law Enforcement Council
- Jan 2017: Prison failed to meet minimum standards; CPT recommendations largely ignored.
- Oct 2018: Situation worsened; call for Kingdom-level intervention.
- Dec 2019: Conditions labeled “inhumane”; overcrowding, poor hygiene, violence, and lack of programming cited as systemic risks.
2019: Lawyers and Media
- Jul 2019: Lawyers denounced daily human rights violations.
- Dec 2019 (NOS): Former inmates described horrific conditions: cockroaches, rats, rusty water, 23-hour lockdowns, and poor security.
2015–2020: Legal Struggles
- Various lawsuits filed against Sint Maarten due to inhumane conditions. The Netherlands avoided accountability. Both governments failed to enact structural change.
2025: Parliamentary Initiative
- In February 2025, I initiated a round-table on capacity and safety at Pointe Blanche, especially since new prison construction is only scheduled for 2028. Waiting is not an option.
ECHR Violations
There are multiple human rights violations under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment). Poor hygiene, unsafe conditions, and inadequate medical care reflect broader systemic failure. These conditions fall under Kingdom responsibility per international law.
Urgent Update: Council Raises Alarm Again (June 6, 2025)
The Law Enforcement Council’s June 6, 2025 letter to Parliament leaves no room for doubt: the prison situation is dire, breaching both human rights and the rule of law. I fully support the Council’s warning and have been publicly addressing this for years.
The Council affirms what I have long emphasized: these abuses are not just a local problem. They are a shared responsibility of the Kingdom of the Netherlands.
This is clearly stated in Article 32 of the Kingdom Act of the Law of the Law Enforcement Council:
“If a Council report reveals serious deficiencies that cannot be remedied within a reasonable period, the Ministers of Justice of the Kingdom countries may jointly decide to take measures at the Kingdom level.”
In short: if the local situation is beyond repair, the Kingdom must act. That threshold has long been surpassed.
Call to Action
I acknowledge and commend the Justice Ministry’s current efforts.
Her commitment is visible and commendable.
My stance builds on her work, not against it. But we now need Kingdom-wide cooperation.
Without a coordinated, binding, and structural approach at the Kingdom level, every measure will fall short.
As a Member of Parliament, I cannot and must not remain silent. Protecting fundamental rights — including those of detainees — is not a matter of political preference, but a legal and moral obligation.
Therefore, I call on the Minister of Justice and the Council of Ministers of the Kingdom to:
- Take the Council’s recommendations seriously — immediately;
- Apply Article 32 of the Kingdom Act of the Law of the Law Enforcement Council;
- And implement measures that are fundamental, sustainable, and constitutionally sound.
Closing Statement
The facts are public. The reports are clear. The urgency is undeniable.
The time for reports, excuses, and delays is over. This is a moment for administrative courage, shared responsibility, and justice.
Let us seize this moment not to look away, but to stand up.
For the rule of law.
For Sint Maarten.
For the Kingdom.
