Pointe Blanche:--- The Prison Inmates Association continues to sound the alarm about unfair treatment, deplorable conditions and a breach in the human rights laws at the house of detention. Members of the Prison Inmates Association told SMN News on Tuesday that several prisoners were given preferential treatment even though they have violated the rules and regulations of the prison. One such prisoner was former police commissioner and head of immigration Marcel Loor who they said was caught with a cellular phone. Spokesman for the Association Timothy Simmons said that when Loor was caught with the cellular phone he was allowed to pay a fine instead of being placed into solitary confinement. They said when other prisoners are caught with cellular phones they are not given the same opportunity, instead they are forced into solitary confinement and the information is placed in their files and it is used multiple times against them when it comes to early release on electronic surveillance.
The prison inmate association said they need clarification on how certain prisoners who violated the prison rules were allowed to go home while others are penalized for the same offenses committed inside the prison. Simmons said a prisoner from Saba whose name he gave as Heyliger was released even though he was caught with a cellular phone; they alleged that this particular prisoner has relatives and friends on review committee. SMN News learnt that the prison management gave a negative report on this prisoner's early release but it was not considered.
SMN News learnt that a convicted prisoner Charles Kemper who was sentenced to three years for armed robbery was released early to create space for the suspects that were held for human smuggling. The members of the inmates association said that one week after Kemper was released the prison contacted him and said they made a mistake by releasing him without the electronic surveillance.
Javed Richardson, secretary for the association said there are several repeat offenders who are supposed to sit out four fifth of their sentences that were allowed to go home after sitting out only two thirds of their sentences. Richardson said Ramon Cecila who is currently free was a repeat offender and he was convicted for armed robbery yet he was considered by the committee for early release. Another prisoner they named as getting preferential treatment was Glascow while Carl Nunes, a former cop was denied early release because he was caught with pornographic material and drugs while incarcerated.
Richardson said there are several prisoners who were scheduled to go home and on the day of their release they were informed that the committee decided that they have to sit out their full sentence. He said right now Audelio Houtman and Jason Margarita were given letters on the day they were scheduled to go home. "Doing this sends the prisoners crazy and they become frustrated." SMN News learnt that certain members of the management team of the prison have raised concerns on the procedures used to release prisoners and those that are used to keep certain prisoners behind bars. The source said the prison management does not know the procedures that are used by the committee and sometimes wonders why the report of the prison is not considered by the members of the committee.
Simmons said that locals whether French or Dutch are being discriminated against, he said foreign prisoners are allowed to sit out one third or two thirds of their sentences and are granted early release with the electronic surveillance but French nationals are not considered for early release. He said the management of the prison and the former Ministers of Justice never considered the treaty of Concordia when they were making the rules of the prison. Simmons said if a French national is sentenced to 10 years, that prisoner has to sit out his full ten years because the Dutch side authorities says they have no control on the open border.
He said just recently the main suspect that was held in pre-trial detention for the Bada Bing robbery was released. The suspect they identified as Kenny Douglas was released without a summons and he has since left the island to his native country Dominica. They asked how the prosecutor or Minister of Justice would get this person back to St. Maarten to prosecute him for his crimes. The main suspect they said was released while two other persons remain locked up.
Questions are also being raised on how Kunal Manek was released on April 18th when he was supposed to go on electronic surveillance on May 2 2011. Manek they said was sentenced in October 2004 to 10 years for attempted manslaughter and armed robbery. The prisoner who is now free on electronic surveillance was a repeat offender and he spent four fifth of his sentence incarcerated. He is still to receive the money he worked for while in prison Richardson said.
The members of the inmates association said that certain parts of the prison including the chapel are in deplorable conditions and this they said is unhygienic. The hygiene department they said visited the facility and are busy making a report on its condition. It should be noted that the Pointe Blanche house of detention is over 20 years old and it was never renovated.
Ishmael Arrindell, president of the inmates association said there are three inmates at the Pointe Blanche Prison that are currently insane. These prisoners they said went crazy while incarcerated and they are not given adequate treatment. The three inmates they identified as been mentally ill are Maurice Carty, Troy Combs, and Vivian Erskin. Management of the Pointe Blanche House of Detention confirmed that they have three insane prisoners that are being visited by the Mental Health Foundation. Sources say the Prison management has raised concerns about having insane prisoners locked up at the institution but the harsh reality for them is that the island does not have a mental facility.
According article 82 of the Human Rights Charter it states:- "Insane and Mentally Abnormal Prisoners" (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.(2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in a specialized institution under medical arrangement. (3) During their stay in a prison, such prisoners shall be placed under supervision of a medical officer."
It is clear that management of the Pointe Blanche House of Detention has violated the Universal Human Rights Declaration on equal treatment. The Prison Inmates Association filed a complaint with the National Ombudsman in The Hague which was handed over to St. Maarten's Ombudsman Nilda Arduin Lynch. Last week, Arduin Lynch told reporters that she will be investigating the allegations of the Prison Inmates Association.
The Members of the Prison Inmates Association said that while the Ombudsman and several media personalities has met with them to hear their plight the Members of Parliament did not keep a scheduled appointment they had for last Monday. They said the Members of Parliament met with the Minister of Justice and they never met with them or even took a tour of the facility.
