PHILIPSBURG:--- The Law Enforcement Council (the Council) on June 6, 2025, sounded the alarm about the unsustainable situation in the Point Blanche Prison and House of Detention (prison). This by means of a notification letter based on article 32 of the Kingdom Act on the Law Enforcement Council (Kingdom Act Council) to both the Parliament of Sint Maarten and the Kingdom Council of Ministers. The Council has noted that the prison has been in an extremely precarious and hazardous condition for years. The Council finds this unacceptable. The safety and human rights of everyone in the current prison must be guaranteed.
On May 14, 2025, it became evident once again that this safeguard is not in place; this was due to a life-threatening riot and fire, with a real risk of fatalities among staff, detainees, and visitors. Without having a shared sense of urgency and immediate action, further escalation with possible fatal consequences remains an imminent risk. The Council believes that the steadily worsening conditions, along with the potential threat and likelihood of repeat incidents, require a shared sense of urgency and action from all those responsible for them. Joint action at both the local and Kingdom levels is necessary for a workable approach and solution in the shortest possible time. With its notification letters, the Council calls upon the Parliament of Sint Maarten and the Kingdom Council of Ministers to facilitate this end.
Systematic failure to follow recommendations
The Council has been carrying out (follow-up) inspections and recommendations for the prison system for over a decade. For years, the Council has also been monitoring, at the request of the Judicial Quadrilateral Consultation (JVO), the follow-up of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The Council attributes the development and progression of the observed life-threatening situation(s) in the prison to a significant extent to years of structural negligence and systematic failure to follow up on the Council's recommendations. In the event that recommendations are systematically not followed by the Minister of Justice, the Council can exercise its legal authority to issue a notification to Parliament and the Kingdom Council of Ministers under article 32 of the Kingdom Act Council. This is the first time the Council has issued such a notification.
Insufficient safeguards and violation of rights
The situation in the prison has, for years, led to a continuous violation of fundamental (human) rights and seriously undermined the security of both staff and detainees. The Council has repeatedly emphasized that the responsibility to comply with internationally set laws and regulations and (CPT) standards not only lies with the Country Sint Maarten, but also with the Kingdom of the Netherlands. The Council concludes that the Kingdom of the Netherlands is failing to meet its responsibilities in this regard. The Charter for the Kingdom of the Netherlands provides sufficient room to ensure compliance with this responsibility.
Perspective
The identified risks of the unsafe environment within the prison also affect society as a whole and must be viewed and addressed from a broader perspective. In the Council’s latest State of Law Enforcement 2024, among other recommendations, the Council advocates for an integrated approach that extends beyond the traditional justice and law enforcement chain and for the continuation of indispensable justice cooperation between countries. This is also particularly relevant to the prison system.
Unsustainable and unacceptable situation
The Council emphasizes once again that an untenable and unacceptable situation has developed in the prison for which a structural solution must be found. By using its authority, the Council aims to bring about a joint solution in the shortest possible time. This is not only in the interest of staff and the detainees, but also of society as a whole.
In conclusion
The letters (in Dutch and English) and all other Council publications are available digitally on the Council's new website: https://www.raadrh.com