Parliament Inquiry Needed. What really is “Trias Politica “ ?
The separation of 3 branches: the legislative, the executive, and the judiciary branch. Under the separation of powers, each branch is independent, has a separate function, and may not absorb the functions of another branch. However, the branches are interrelated. They cooperate with one another and also prevent one another from attempting to assume too much power. This relationship is described as one of checks and balances, where the functions of one branch serve to contain and modify the power of another. Through this elaborate system of safeguards, it is to protect the nation against tyranny. Minister of Justice Cornelius Deweever has mentioned on many occasions that this is the principle of Justice which should never be compromised in any form. Let be honest the “Trias Politica” is out of equilibrium balance on St.Maarten.
Investigate Breach of Trias Politica “Justice Minister Cornelius Deweever”
Minister of Justice has been preaching the essence of the Trias Politica Rules on many occasions. Based on the credible media reports (sources) and the findings of the Commission Fokkens report an investigation is needed. If one is familiar with the Commission Fokkens report it was also initiated based on media reports on integrity breaches by OM-prosecutor leadership. The conclusion of the report findings was more alarming then originally perceived.
Investigate Complaints Specific Prosecutors and Reports
While it was highly publicized that a particular judge and the OM was concocting with the TBO team in some investigations as the trio were seen eating at the Greenhouse restaurant in January 2018. The findings from Commission Fokkens however also challenges that VU findings become relevant and more credible. In the article SMN –News on 4th May 2019 referring on page 10 it explains the dispute of the accusation was about changing and converting information, pre- lying to judges, manipulation of information and withholding vital evidence. In 2009 de Board of Journalism concluded that accusations were not accurately publicized and that the integrity could not be questioned, however, Independent Commission Fokkens report now concludes differently about the integrity of the OM-organization.
Since the publication of the Fokkens report, Judge Schols recently departed St. Maarten and have informed attorneys working on the Dutch side that his term has been up. Emails sent out by Judge Schols on April 23rd, 2019 stated that his term was up and he was returning to the Netherlands.
It is further alleged that this particular judge had taken some controversial and unethical decisions while handling certain TBO cases
Follow Procedures Fokkens Commission Report for St.Maarten
A week ago a report on the lack of governance and integrity of the Prosecutors Office in the Netherlands which was requested by “Het College van Procureurs Generaal” has been completed and published by Commission J.W. Fokkens. This rapport was sent on 25th April 2019 ref: 2579192 by Minister of Justice and Safety Ferd Grapperhaus to the Chair of the Second Chamber in the Netherlands for further debate and handling. Based on the rapport of ANP (Algemeen Nederlands Pers Bureau) on the 25th April 2019 Minister of Justice Fred Grapperhuis mentioned that the findings of the Commission revealed a conclusion which was very critical “not only breaches of integrity behavior of two senior officials of the OM but also the way in which the top of the organization has dealt with the issues “ was stated
Investigate Health Care (including Prison Cells) in Detention Procedures: Implement Action
The provisions concerning health care in detention from the Basic Law (art. 87-101) were amended with the law of 11 July 2018 laying down various provisions in criminal matters. With this change, the legislator wants to "take the first steps to integrate the penitentiary health care in mainstream healthcare". The explanatory memorandum explicitly refers to the KCE study of 2017 in which this integration is a central recommendation. This recommendation was also made by the WHO in 2003. To be clear: although the provisions of the Basic Law relating to health care have been amended, these have not yet entered into force, in the absence of a royal decree. Until there is a KB, health care is still organized on the basis of the general regulations of the penal institutions. The article, therefore, focuses on the changes in the Basic Law around the health care of the future. We would all agree that many cases in detention always end up in “Health Care” shortcomings and detention emphasis takes no consideration of each individual circumstance.
