Manager of Hypnotic Brothel Arrested
PHILIPSBURG:--- Members of the Unit human Trafficking and Human Smuggling of the St. Maarten Police Force (KPSM) entered on Monday, October 24th, 2016 around 08:00pm the brothel Hypnotic. The reason for this was the suspicion that some women were working at the establishment without having the necessary permits.
On entering the brothel to identify possible illegal employment, members of the KPSM were assisted by members of the Royal Dutch Marechaussee. A total of 27 women were present in the brothel and were working without a valid residence permit. This was the reason for the prosecutor had to visit the site. The 27 women - originating from Venezuela, Colombia and the Dominican Republic - have been placed under the supervision of the immigration service and a deportation procedure has been initiated.
Manager of the Hypnotic brothel, J.P. Joanna Peterson (41), has previously been arrested in connection with involvement in human trafficking in the brothel Casa Blanca (Papagaai investigation). For these new offenses J.P. (Joanna Peterson) has been arrested as a suspect, the suspect will be taken by the prosecutor in front of the Court of First Instance to request the annulment of J.P.’s suspended detention in the Papegaai investigation. However, it is not clear if the Prosecution will ask to prolong the extension for Peterson on Thursday. The Papagaai court proceedings will take place on Thursday morning at the Court of First Instance.
27 vrouwen zonder geldige papieren werkzaam in bordeel Hypnotic
Leden van de Unit Mensenhandel Mensensmokkel van het Korps Politie St. Maarten (KPSM) hebben maandag 24 oktober 2016 omstreeks 08:00pm het bordeel Hypnotic betreden. Aanleiding was het vermoeden dat daar enkele vrouwen zonder de nodige papieren werkzaamheden zouden verrichten.
Bij het betreden ter vaststelling van mogelijke illegale tewerkstelling werden de leden van het KPSM bijgestaan door leden van de Koninklijke Marechaussee. Geconstateerd is dat in het bordeel 27 vrouwen zonder de geldige verblijfspapieren aanwezig waren en daar arbeid verrichtten. Daarop is de officier van justitie ook ter plaatse gekomen. De 27 vrouwen - afkomstig uit onder meer Venezuela, Colombia en de Dominicaanse Republiek - zijn onder toezicht gesteld van de immigratiedienst en er is een uitzettingsprocedure in werking gesteld.
Manager van het bordeel J.P. (41) is eerder aangehouden geweest in verband met betrokkenheid bij mensenhandel in het bordeel Casa Blanca (onderzoek Papagaai). Zij is voor deze nieuwe strafbare feiten als verdachte aangehouden en morgen zal het verzoek van de officier van justitie om het geschorste bevel bewaring in dat onderzoek Papegaai op te heffen, worden behandeld door het Gerecht in Eerste Aanleg.
Prosecutor's Office Press Release
MEDIA STATEMENT FROM ATTORNEY JAIRO BLOEM ON BEHALF OF THE ENTERTAINMENT CLUB FOUNDATION
The Adult Entertainment Club Foundation, which represents the interest of 9 of the 11 adult entertainment clubs on Sint Maarten laments the raid conducted yesterday at the Hypnotic Club and moreover the detention of the manager at that club, for alleged violation of the National Ordinance on Expulsion and Entrance and so-called human smuggling.
Fact of the matter is that the Sint Maarten Government has grossly violated its obligations and acted in a tortuous, reckless and negligent manner towards the Adult Entertainment Clubs, by suddenly and without any previous announcement stop processing applications for adult entertainment persons, in December 2015. The Sint Maarten Government only entered into dialogue with the Adult Entertainment Clubs on Sint Maarten, after the Court of First Instance on Sint Maarten impressed upon Government to do so, in order to within reason seek an out-of-court solution. Despite its commitments to the Court of First Instance to sit down and conduct follow-up negotiations for an out-of-court settlement with the Adult Entertainment Clubs, the Sint Maarten Government never did this.
Ultimately, the Court of First Instance ordered the Sint Maarten Government to continue processing the applications for permits for the adult entertainment persons within three weeks. Despite this clear-cut court order issued by the Court of First Instance in May, 2016, the Sint Maarten Government only resumed accepting applications for permits for adult entertainment persons, in September 2016. Whilst the Labor Department started to do so in August, 2016, the Immigration Department refused to accept applications for residency permits, as a consequence of which the procedure for application for the requisite permits for the adult entertainment persons, could not be concluded. The actions by the Sint Maarten Government, or for a better word the lack thereof, do not only constitute a severe disregard of the court order, but also once again show a total indifference and discriminating attitude towards the Adult Entertainment Club Owners.
As was stated in previous media releases, several Adult Entertainment Clubs were forced to close down their business after the legal tenure of the adult entertainment persons rendering services at those clubs finished. Some Adult Entertainment Clubs however after a while opted to restart their business, making use of so-called walk in adult entertainment persons, meaning visitors to the island upon their own volition and legally residing persons on Sint Maarten. Needless to say that these walk in adult entertainment persons did not have the requisite adult entertainment permits, because the Sint Maarten Government was not processing and issuing same from December 2015, till as stated September 2016.
The decision of some of the Adult Entertainment Clubs which opted to take on walk-in adult entertainment persons was at the end of the day simply premised on their need to survive and to be able to put food on the table. No business that is dependent on government issuing permits can survive after government stops doing so for almost one entire year. It was thus either reopening with walk-in adult entertainment persons, or firing in excess of 150 employees in the entire branch. By reopening with the walk-in adult entertainment persons, the clubs in question mitigated their damages for which the Sint Maarten Government is ultimately responsible. There are such good grounds to argue that this action ultimately benefits same Sint Maarten Government.
As a general rule by law, governments cannot profit from their own illegal and/or torturous actions.
It is established that the Sint Maarten Government, by closing down the adult entertainment industry on Sint Maarten, one of the core economical pillars for our touristic given economy, committed a tortuous act. It’s an established fact that the Sint Maarten Government thereby blindly followed the advice from the Public Prosecutors Office, stating in short that the operation in the entire industry was illegal because no adult entertainment persons can be brought in from abroad to work on Sint Maarten. Remarkably, this is same premise which the Public Prosecutors Office subsequently uses to persecute persons, at its will.
It is obvious that the Public Prosecutors Office has created or in any case been instrumental in the creation of the illegal situation, whereby the clubs do not obtain any permits to operate, and is now going after same clubs, for not operating with permits for the adult entertainment permits. This is ironic, to say the least. It moreover creates an imbalance in the separation of (i) legislative, (ii) executive and (iii) magisterial powers.
Whilst the Sint Maarten Government justified its entire position by referring to an opinion letter by the Public Prosecutors Office of February, 2015, the Supreme Court of the Netherlands Kingdom in a decision rendered in May, 2016, has completely disparaged/invalidated the core premises of the position of the Public Prosecutors Office, in referenced opinion letter. In the opinion of the Supreme Court, bringing in adult entertainment workers from abroad to render services does not constitute by itself human smuggling and/or human trade. It would have subsequently honored the Sint Maarten Government to acknowledge that its departure position was wrong and to posthaste take the necessary actions to process the permits for the adult entertainment persons. This was regretfully as is known not the case.
At the end of the day, adult entertainment work permits are presently being processed as per same or largely the same policy that applied before December, 2015. We are back at square one. The actions by the Public Prosecutors Office to now suddenly raid an Adult Entertainment Club insufficiently attests of an understanding of its own responsibility/liability for causing the existing problems and the precarious position that it put an important pillar of our economical industry in, not counting the approximately 150 working persons. In Sint Maarten English they have a simple saying: “one cannot be wrong and strong at the same time.” Justice should not only be done, but should manifestly and undoubtedly be seen to be done. Going after legally established Adult Entertainment Clubs under given circumstances is simply put not justified, reasonable or equitable.
The Adult Entertainment Foundation in closing seriously questions why the Public Prosecutors Office is not conducting raids in the illegally, meaning without any license and without being tolerated by Government, operating adult entertainment clubs on Sint Maarten, where persons render services without any medical or other screening, blatantly. These venues are well known. The Adult Entertainment Clubs will once again reach out to the Sint Maarten Government to come to an overall out-of-court settlement, once and for all and stop the illegal and selective targeting of the Adult Entertainment Clubs.
Press Statement Jairo Bloem
