~Urges follow-up action of the recommendations of the Council and CPT regarding detention facilities~
(Philipsburg, Sint Maarten) – Review inspections and the monitoring by the Law Enforcement Council show that the situation at the Pointe Blanche prison and remand center is only deteriorating and that most of the recommendations by both the Council and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) are not being followed-up.
The Council is now (again) sounding the alarm bell and, in view of the deadlines that have already expired and the degree of urgency, the Council urges the Minister of Justice of Sint Maarten to implement the recommendations by mid-2020.
In April and May 2019, the Council carried out inspections at the Pointe Blanche prison and remand center, the youth rehabilitation centre ‘Miss Lalie Center’, the migrant detention center in Simpson Bay and the police cells in Philipsburg. The Council inspected the level of follow-up of the previous recommendations made by both the Council and the CPT and other relevant developments. This present report from the Council shows that most of the recommendations have not been followed up.
Prison and remand center
Since 2013, the Council has published eight (review) reports about detention in Sint Maarten. This latest report – published in December 2019 – is the ninth report in the series. The Council has made several recommendations to improve the serious situation, however, the review inspections and the monitoring of the CPT’s recommendations (since 2016) show that the situation is only deteriorating and that most of the recommendations are not being followed-up.
The content of the previous reports is still (largely) up-to-date and relevant. In its reports, both individually and in relation to each other the Council has repeatedly sent a clear signal about the poor condition of the prison. The Council emphasises the urgency and need to quickly take adequate measures to prevent detainees being held in circumstances characterised by various organisations, including the Council and the CPT, as ” below the minimum standard”. In addition, personnel matters also require the necessary attention.
Police cells
With respect to the police cells, five of the recommendations made by the CPT were followed in whole (2) or partially (3). Three recommendations still need to be followed-up. These recommendations are related to the living space per detainee, the installment of an intercom system in the cells and the length of stay (too long) in the police cells.
Migrant detention center
During the inspection, the migrant detention center was not used for detention purposes and no one was housed there. The Council therefore did not consider it opportune to review the recommendations at that moment. However, the necessary repairs have since commenced and the Council will carry out an inspection upon completion or when the building is reopened.
Miss Lalie Center
In its State of Law Enforcement 2018, the Council already pointed to the MLC as being a key factor in tackling juvenile crime and the negative impact of the closure of this youth rehabilitation centre. At the time of the Council’s inspection, the Miss Lalie Center was still closed. As the repair works were still in progress, the Council decided to postpone its inspection. The Council looked forward to the reopening of the institution, which took place in August 2019. Now that the institution is back in operation for the past few months, the Council will include an inspection in its planning.
Reports of the Council
In accordance with the legal procedure the review report was offered to the Minister of Justice more than six weeks ago in order to give him the opportunity to present the report accompanied by his response to the Parliament of St. Maarten. The review report is published on the Law Enforcement Council’s website: www.raadrechtshandhaving.com or http://rrh-sxm.org.
