PHILIPSBURG:--- Attorney at Law Sjamira Roseburg in a press release said that almost midnight on Sunday, August 4th she was called out of her bed when she was informed that a minor was arrested. She was at the Philipsburg Police Station until midnight because when she arrived there she met a traumatized 15- year old client. Roseburg said she needed to calm down the minor after being told he has to sleep at the police station Sunday night surrounded by adults!
She said she made sure she took him to his cell and told him to stay strong!
The minor who turned 15 this year just got arrested and is being detained at the Police station in the Police Cells! This is a violation of his rights! No matter the crime a minor cannot be kept detained in the Police cells. Not even for 1 hour or 1 day, Roseburg said in her press release.
"I am worried about the psychological effects the detention can have on the boy, who just turned 15. If a minor has to be detained, he or she has to be incarcerated in a juvenile prison. It is unbelievable that a minor of 15 years old is being incarcerated, no matter the kind of crime, and is surrounded by adults,”
“The rights of the minor are being violated as the International treaties are clear; they state that the detention of a minor has to be the last course ‘ultimum remedium.’ The Council of Ministers of the European Union stated that minors (under 18 years) cannot be incarcerated at the police station/prison for adults.
“If they do so still, then the rights of the minors have to be guaranteed. Here in St. Maarten, that’s not the case. The minor is surrounded by adults!
The United Nations Convention on the Rights of the Child states in article 37: “No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.
“Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults.”
For those who are not familiar with the police cells at Philipsburg let me inform you about the following. My client is being exposed to other adult inmates! This is a violation!!! He is getting the same regime as the other inmates.
The psychological effects, being detained surrounded by adults, have to be taken into consideration. Why incarcerate our youth, damage and traumatize them and after a few days send them home because then it becomes a ‘violation’ in the eyes of the prosecutor. While this child could have been sent home and requested to report himself in the morning hours.
"My client should have been placed in Miss Lalie Center, but as the Minister of Justice said the juvenile prison will start operating again in September 2019. Roseburg said she already informed the Judge of Instruction while she submitted a petition for her clients' immediate release.
Seeing the above Mentioned my client needs to be released immediately.
Stabbing between siblings.
The Juvenile and Morals Department is presently investigating a stabbing between two brothers which took place on Sunday, August 5th on the Bush road. The brothers identified with initials A.S. (15) and S.S. (18) were engaged in a heated argument which leads to a physical altercation during which A.S. used a knife to stab his older brother in the abdomen. The victim was treated on the scene by paramedics and then transported to the Sint Maarten Medical Center where he was immediately operated on and admitted to the Intensive Care Unit for observation. The suspect A.S. was arrested shortly after the incident and was placed into custody for questioning and further investigation. The victim in the meanwhile is in stable condition and was released from the I.C.U. however, remains in hospital for treatment. The investigation is ongoing.
KPSM Press Release.
