Philipsburg – Today, June 19th 2020, the Court of First Instance has passed verdict in the case of the detainees versus Country Sint Maarten and the Minister of Justice.
The detainees have asked the Court to decide that Country Sint Maarten must be sentenced to have the detainees transported to prison facilities in The Netherlands. Until the time that the Point Blanche prison meets the standards for a safe and secure prison facility.
The Court has ruled that the claims of the detainees are not admissible. Under civil law the Minister of Justice cannot be summoned in Court. Concerning Country Sint Maarten the Court finds that the execution of the claims of the detainees cannot be executed by Country Sint Maarten without the cooperation of The Netherlands.
However, the Netherlands are not part of these proceedings and the detainees have not proven that The Netherlands are willing to comply with the verdict. Neither have they proven that Country Sint Maarten is in a position to compel The Netherlands to adhere to a verdict in which the claims would be awarded.
This means that awarding the claims of the detainees would be futile. Therefore the Court has decided that the claims against Country Sint Maarten are not admissible either.
Bron: Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba
Naschrift KKC
2020 06 19 – SXM Vonnis in Kg Gedetineerden vs Land Sint Maarten en Minister Van Justitie by Knipselkrant Curacao on Scribd