STRASBOURG/PHILIPSBURG--The Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) was moderately positive about the detention facilities and treatment of detainees in St. Maarten in its latest report which was published on Tuesday.
CPT visited detention facilities in Aruba, Bonaire, Curaçao and St. Maarten in May 2014. The delegation examined the treatment of inmates and the conditions of detention in the prison establishments located on each of the four islands, taking due account of the recommendations made by CPT in its previous visit reports of 2002 and 2007. It also focussed on the situation of persons deprived of their liberty by the police.
As for St. Maarten, CPT noted that urgent measures were needed to improve conditions at Philipsburg Police Station, and that steps were taken to ensure that persons are not detained in excess of three days, and in any event never longer than 10 days at this station.
The Government of St. Maarten stated in its response to this particular finding that in spite of the limited capacity and financial resources, government would attempt to comply with these recommendations in the short term.
"To achieve this, the detention facility at the police station will need to be renovated and equipped with the necessary additions. In view of current financial constraints, it is not possible to indicate a concrete timeframe for these improvements," government stated in its reply, which was published along with CPT's report.
CPT found that in Aruba, Curaçao and St. Maarten some allegations of ill-treatment of
persons, including juveniles, were received, which usually consisted of kicks and punches to the body after the person had been handcuffed and brought under control. "The authorities should regularly remind police officers to use no more force than is strictly necessary and that ill-treatment will be punished accordingly."
CPT pointed out that most detained persons interviewed only met with their lawyer for the first time when appearing before a judge, which could be up to three days and 16 hours after the initial arrest. "Steps should be taken to guarantee the right of access to a lawyer in practice, including during any police interview, as from the very outset of deprivation of liberty."
At Aruba Correctional Institution KIA, Curaçao Detention Correctional Centre SDKK and the St. Maarten Point Blanche Prison, a number of allegations of ill-treatment of prisoners by staff were received. "A clear message should be delivered to prison officers that all forms of ill-treatment, including verbal abuse, are not acceptable and will be punished accordingly."
Furthermore, CPT found that inter-prisoner violence continued to represent a serious threat to prisoners' safety in the three prisons. "The prison management in each of these establishments should develop a strategy to address the challenge of inter-prisoner violence, including adequate monitoring of the situation and identification of risks."
CPT was also concerned about the shortage of cells at Pointe Blanche Prison. The St. Maarten Government acknowledged in its response that this was indeed an issue which has been the focus of attention for some time.
"It is not only a problem in itself, but the overcrowding in the diverse detention facilities also puts pressure on a range of facilities within the justice system. However, simply expanding the number of places for detention at Pointe Blanche Prison will not provide a structural solution to the problem of overcrowding in the detention facilities," the government clarified.
Government made use of the opportunity to point out that numerous essential improvements were made in St. Maarten's prison system, in particular relating to detention conditions, since the island obtained Country status within the Kingdom of the Netherlands on October 10, 2010.
"While in the past, there were suggestions that action had not progressed beyond intentions and plans, that can no longer be said to be the case. Diverse plans of action have now been carried out, and this process will continue over the next few years."
Mutual arrangements were secured among the countries of the Dutch Kingdom in 2014, providing the availability of detention capacity, while it should also be noted that the renovation of Pointe Blanche Prison was completed in 2014. In addition, a secure young offender institution, known as Miss Lalie Centre, was opened in December 2014, for juvenile males aged 12 to 18.
CPT was critical of the "poor" material conditions at the police stations visited in Aruba and Curaçao, as well as in Block 1 at SDKK. CPT recommended too that the detention cells at San Nicolas Police Station be taken out of use until such time as they have been fully refurbished and the sewage problems properly resolved.
In general, the findings of the 2014 visit by CPT suggested that progress could be identified on a number of issues, but that continued efforts were needed to ensure full implementation of all CPT's recommendations.
The delegation stated that it received very good co-operation from the relevant authorities during the sixth visit to the islands. "Nevertheless, the principle of co-operation also requires that decisive action be taken to improve the situation in the light of CPT's key recommendations, and the findings of the 2014 visit suggest that while progress could be identified on a number of issues, continued efforts are needed to ensure full implementation of all its recommendations."
