Part two of questions and answers on Prison
Q and A 06-03-2019 / MP C. Peterson – Faction UD
1. Q: Recently there was article from Mr. Heyliger Lawyer, in which quiet a graphic description, regarding the conditions of the prison cells at the Philipsburg Prison. Is this the actual situation at the cells presently or is this
one of the past? If it is the situation what has been done since then?
A: The cells have been fully renovated by being cleaned, painted and epoxied.
2. Q: Do we experience similar issues with the prison cells at the Point Blanche Prison?
A: No, the inmates in Point Blanche keep their cells clean.
3. Q: Who is responsible for the management of the cells at Philipsburg prison; is it the guards or the police officers?
A: The cells are currently under the care of the prison.
4. Q: Is there a cleaning schedule for the cleaning of the cells at both Philipsburg and Point Blanche Prison? Who does the actual cleaning, is the prisoners themselves or is a company contracted to take care of that?
A: The inmates do the regular cleaning of their respective cells at both locations. With the frequent turnover of detainees in Philipsburg it is more challenging to enforce.
5. Q: Is the policy regarding maximum of 10 days stay in the cells at Philipsburg prison is this a new policy or is this an existing policy?
A: Based on the ruling of the European court of human rights in the case Corallo vs Kingdom of the Netherlands, no. 29593/17, the Public Prosecution Service has adjusted its policy. The European Court found that Corallo had
been detained for more than eight months – of which 114 days in a multi-person cell – in a detention facility where the CPT concluded that persons there should not be detained for more than three days and in no case
longer than ten days, since the establishment in question is unsuitable for the detention. This verdict concerned the cell in the part designated as a detention center within the police station in Philipsburg, which has since
been renovated.
6. Q: In light of the Corallo case, who I believe was held some 8 months at this location, how was he allowed to stay in the same conditions for that period, why was he not sent to Bonaire?
A: At the time of Corallo’s detention, there was another situation: JICN (the prison on Bonaire), for example, was not ready at the time, but was under construction. The old JICN also sent a number of detainees to NL during
the construction of the new JICN and the subsequent relocation, because there was no room in the region for the reception of these detainees.
7. Q: Have you officially received the bill from Carollo case? If you have received it has it been paid, and is there a deadline when this should be paid, are there any consequences if it was not paid?
A: This was not received. The bill was sent to and paid by the Netherlands.
8. Q: Given that the Point Blanche Prison is full and the 10-Day maximum length of stay policy in Philipsburg prison. Are the rest going to be sent to Bonaire and who makes this decision are you consulted in such a decision?
A: With regard to detainees who are in danger of exceeding the maximum number of days in the police cell, it will be considered on a case-by-case basis where this person can be sent. The starting point is in the country of
detention, if not possible in the region (Aruba, Curaçao, Bonaire) and in exceptional cases a request can be made to the Netherlands. Currently, prisons in Curaçao and Aruba have no place to receive prisoners from other
countries in the Kingdom. Bonaire and the Netherlands can offer a solution in some cases, although there is also a scarcity of availability. The minister is not consulted in the event of transfers in the event of detention capacity, this is a responsibility of the Public Prosecutor (PPS).
The Minister of Justice has the authority to release prisoners serving their sentence early and can therefore make room in prison based on the advice of the parole committee
9. Q: Are you given updates; regarding the safety, wellbeing and general status of the prisoners held abroad?
A: Not on a structural basis but incidentally and depending on the circumstances
10. Q: Post Irma there has been a lot of discussion about illegal immigrants. The population is of the impression that this is on a rise and are concerned. Are there any plans to have raids to tackle illegal immigrants?
A: Controls are carried out and deportations are executed. The Simpson bay holding area has been prepared for this group of detention. A cooperation protocol has been signed amongst all law enforcement agencies in order
for everyone to work more effectively and efficiently.
11. Q: Who pays the cost for the repatriation of the illegal immigrants that are sent back home?
A: The costs are for the foreign nationals to take care of. Usually the foreign national, family members or acquaintances contribute for their travel ticket. As a last resort, the ministry of justice may have to cover the tickets.
12. Q: Given that the Simpson Bay prison facility is currently closed, are the persons who are held for being an illegal immigrant are being held at the Philipsburg prison cells? Are they co-mingling with the other prisoners for other types of crimes?
A: At Philipsburg the out of status detainees are housed separately.
13. Q: It was mentioned on the shortage of prison guards, it was understood that many prison guards’ were on sick leave, has this situation improved?
A: Currently there are 2 staff members on long term sick leave. The challenge is with the short term sick leave that may be caused by being overworked or filling the void of being short staffed. In addition, limited working hours dictated by SZV are adding to the challenge.
14. Q: In the past it was understood that the Point Blanche Prison was using the services of checkmate security, is this still the case? If yes, can you give an indication of the cost to the country and how many security officers are
being used?
A: This is not the case anymore. The cost of Checkmate was around Nafl. 800.000. The Prime Minister approved the assistance of VKS and they are executing the work for approximately the same cost but they are better
equipped for the job at hand and have delivered better results.
15. Q: The position of prison director was recently advertised. How many candidates applied, has the position since been filled? If yes, when will the candidate start and what is the contractual duration given to the new director?
A: The position has been filled. The new director started working 26th of March 2019 with a 3 year contract. 31 people applied of which 7 were selected by an appointed committee and 4 were interviewed. MP F. Richardson – Faction USP
16. Q: How much money was claimed on damages from the hurricane? Moreover, how many of the facilities within the Justice Ministry was insured?
A: The following buildings within justice were insured: Justice office Ilidge road, MOT, Prison, Grens Hospitium, Police Stations, Justice Academy, CoG, Customs, Immigration dep, Sub police stations. The insurance had a total
value of $19,927,994. The claim has not yet been settled.
17. Q: Many young Sint Maarteners have done things in their youth, misdemeanors. This then hampers them from joining the justice chain in the future. How do you view this policy and should these persons; who have since changed their life, not be given the chance to be part of the solution?
A: Depending on the degree of the offense this would have to be looked at on a case-by-case basis. It cannot be summarized in a broad and general statement or policy. MP C. Bijlani- Faction UD
18. Q:The prison personnel and the police officers are already waiting 8 years to have their labor rights, job function and salaries justly regulated. What is the status of both the Function books of the Police and of the Prison?
A: The function book for the police has been established. The one for the prison is awaiting sign off next week
18a. Q: When will they come in force?
A: KPSM is inforce. HVB will follow shortly.
18b. Q: What is the opinion of the union (WICSU) on these (proposed) function books?
A: We had consultations with WICSU, NAPB, ABBO and CCSU / GOA and they approved. I believe their opinions were expressed in parliament. We had an information session on June 10th and we will continue to work with all of unions.
18c. Q: You have agreed to the Netherlands to have the function book for the prison to be approved before February 1st 2019. As such we have not met this deadline, what is the consequence of not meeting the deadline?
A: Given the fact that we have finalized the function book there are no consequences
19. Q: Shortly after 10-10-10 the immigration officers at the police were, put under the Immigration service at the Illidge road and a few years ago, they had to go back to the Police. How come ?
A: The decision to place the Immigration officers back under KPSM in 2016 was taken by then Min.Jus. Kirindongo. I have no knowledge why this was done.
19a. Q: Do we now have immigration officers who fall under two types of legislation the LMA and the Police Labor Laws?
A: Yes, there are some officers at IND who fall under the LMA as administrative workers , and some who fall under the KPSM labor laws e.g. border controls at our ports of entry.
20. Q: Please explain the windward island allowance.
A: The Windward Island Allowance has been in existence since the days of the Netherlands Antilles because the cost of living on the Windward Islands (St. Maarten, Saba & St. Eustatius) is higher than in the Leeward Islands
(Aruba, Curacao & Bonaire). The allowance is 16,3%. After 10-10-10 most civil servants had this allowance incorporated into their salary. The project team is busy with the exercise to do the same for KPSM
20a: Q: Are the police officers & immigration Officers getting these benefits?
A: Yes, everyone under the police labor laws, the amount of the allowance is added separately as a fixed percentage of the basic wage. The intention is to fully incorporate the allowance into the salary of the police.
21: Q: The situation with the prison. What is the update on the shortage of prison guards? Will they get assistance from the Netherlands?
A: New guards have been recruited. Training will start within short. A St. Maarten delegation visited the Netherlands last year to negotiate additional prison personnel assistance similar to KPN, amongst other topics. However, this did not materialize and other options were recommended but not affordable for St. Maarten.
22. Q: How many prison guards should be working in the prison to create a safe environment for the prisoners and the prison staff?
A: 18 prison guards are needed per shift
22a Q: Why are the prisoners only being guarded by three (3) prison guards on a daily basis?
A: We only have 3 to 4 guards because many have limited working hours from SZV, and some have left to other department or left the service. It is no secret that we are understaffed, hence our recruitment to hire and train new people and continue with our improvement plan and plan of action.
23. Q: What is the status of the Justice Academy? Is it functioning and has it been approved by the ministry of Education? Is it staffed?
A: The Justice Academy building is currently not functional nor staffed due to severe hurricane damage. We are busy developing a project to be funded by the world bank to ensure the sustainability of the Justice Academy.
Classes are being held in another location.
23c Q: What are the courses that are being taught?
A: The justice Academy taught law enforcement in general and also all other courses that are required at the different departments of the ministries. Despite the location not being functional BPO training is being
conducted. Curriculum attached.
28. Q: The position of SG was recently advertised. When will other management function be filled?
A: All open management functions are filled with an interim or appointed head. The objective is to have all permanent heads.
28a. Q: How many candidates applied?
A: 3 persons applied for the SG function, 3 persons were interviewed, and Mr. Ursula has selected.
28b. Q: When will the new SG be appointed?
A: His official appointment was on March 1, 2019.
29. Q: Is the police station in Simpson Bay already operational?
A: Yes, it is operational.
30. Q: Does the Police, Prison, Immigration and Federal Detectives have a proper management team?
A: We have a functioning management team.
31. Q: How and when are police officers promoted? Are there any police officers advancement opportunities? If yes, what are these and how are they facilitated?
A: At the end of every year the officers are eligible for a performance based promotion, as long as they have not reached their maximum salary scale.
32. Q: How are you going to pay for executing the plans of approach for the police and the prison?
A: Partially by our budget and by the Crime Fund.
33. Q: You mention that the function book is in the final stages, the last minister of justice also said such. What final stage are we truly at, please clarify?
A: Function book KPSM has been completed.
34. Q: The status of the “rechtpositie” of the police, please provide on update?
A: It was historically and erroneously concluded that KPSM personnel had no “rechtspositie”/legal status regulation. Based on verdict of January 30, 2019 in regards to Mr. Schotte, it has been sufficiently proven that there are currently two regulations, which are deemed valid, namely: Besluit Rechtspositie Korps Politie Sint Maarten (KPSM) and Besluit Rechtspositie Korps Politie Netherlands Antilles (KPNA) 2000. Upon the advice of the Legal Affairs department (JZW) one of the decrees has to be withdrawn. To provide legal surety I have submitted a national decree containing general measures to withdraw the ‘Besluit Rechtspositie Korps Politie Netherlands Antilles 2000’ with immediate effect. However, one more step had to be taken and this involves the approval of the GOA/CCSU before the Council of Advice render their comments. MP T. Leonard – Faction UD
35. Q: The status of the function book and legal position of all other pending departments?
A: The next steps towards the finish line are: Finalization of the Prison Function Book and submit for formalization. Complete function books for the remaining departments and submit for formalization. Commence placement process. This is being executed based on priority setting.
36. Q: Is there indeed a condition related to the ministry receiving funds from the Netherlands, namely; the completion of the police function book, is this the case?
A: There were 3 conditions included to receive the liquidity support from the Netherlands. 1 was the inclusion of the KPN service in the budget. 2 was an amount for the prison repairs and 3 was for the MP’s to take a voluntary
10% pay cut.
36a. Q: If yes would you say it is setting us back not having this finalized approved?
A: No, it is important that we take our responsibilities and ensure that all function books for the ministry of justice are finalized.
37. Q: Do you have a short-term plan to address the cells for the prison cells in Phillipsburg?
A: The cells have been fully renovated by being cleaned, painted and epoxied.
38. Q: In December, there was a riot at the prison in curacao; given the complaints also were related to human rights being violated; did you look into the safety of our detainees there?
A: I’m in contact with my colleague minister and others within the detention system where updates are provided however, the PG, OM and Prison Management would be the responsible entities in this matter.
39. Q: What happened for the ankle bracelet program, have monies been paid for this program, when will that program go online?
A: The electronic monitoring system has been paid and implemented. Training has taken place so they are ready for use.
40. Q: Who authorizes the move of detainees, who determines which stay and who is moved abroad?
A: The Statute (Articles 38 and 40) and the resulting Detention Mutual Arrangements are the basis, signed on 3-7-2014, by previous minister of Justice, Mr. Richardson. In it, the countries have made agreements about supporting each other in the form of making detention capacity available. The conditions for making a request are set out in the various detention mutual agreements, which have been published in all countries in the
Kingdom. Depending on the invoked mutual settlement scheme and the necessity, the prison director or the Public Prosecution Service submits a request for the transfer of a prisoner. This took place, for example, after the
damage to the Pointe Blanche prison following the passage of Hurricane Irma. The Minister of Justice of the recipient country takes the final decision to make his or her detention capacity available. In the context of
resocialization interests, a prisoner can initiate a transfer request himself.
41. Q: I understood we have to pay Holland for the detainees housed there has any of these bills since been paid.
A: We have received invoices for the detainees in Holland. The bills have not been paid as yet. MP Mercelina – Faction UD
42. Q: What was the reasoning behind the decision to transport Mr. Heyliger to Bonaire?
A: Mr. Heyliger was transferred to the JICN on the basis of a lack of capacity. On the basis of the ruling in the Corallo case, Mr. Heyliger did not stay in the police cell for more than 10 (ten) days, but there was no room for Mr. Heyliger in the Pointe Blanche prison and his safety could not be guaranteed at that time.
43. Q: If the reasoning was, regarding the violation of human rights; what about the other detainees and their human rights?
A: We are very concerned with the rights of the detainees that is why the Ministry is and has been prioritizing on the renovations at all locations of HvB.
43a. Q: Let me be very clear I don’t want to be part of a state that is violating the human rights of our citizens. I have a request to you, to stand up for the human rights; I would ask you to have all the remaining detainees at the
Philipsburg prison be transferred to Bonaire.
A: The Philipsburg cells have been fully renovated and we are improving all facilities to ensure that human rights are protected.
44. Q: Do you have a budget to realize the agreements made in the “afspraaken” list? Please elucidate.
A: Up until now we have used the Crime fund to pay for the renovations. In the new budget there is budget allocated for this purpose.
44a. Q: I repeat as a MP please make the right decision to ensure the citizens of our country human rights are upheld and protected.
A: It is clear that this is our objective and the hiring of a lawyer with a human rights background illustrates our commitment to protecting human rights.
