2015 review found no evidence of unjustified selective prosecution but warned that limited capacity could not indefinitely excuse stalled investigations.
PHILIPSBURG:--- A July 2015 report by the Law Enforcement Council raised serious concerns about special prosecution procedures for ministers and Members of Parliament, unexplained delays in cases involving prominent officials, and weaknesses in St. Maarten’s investigative capacity.
The report, titled Selectivity in the Investigation and Prosecution Policy of the Public Prosecutor’s Office in Sint Maarten?, examined whether prosecutors were unjustifiably selective. Its findings drew an important distinction: the Council found no evidence of improper selection based directly on a suspect’s identity, but identified structural conditions that caused certain categories of cases and suspects to receive different treatment.
The review followed a September 2014 request from the Minister of Justice after the Masbangu electoral-fraud judgment intensified concerns about unequal justice.
Among the Council’s strongest observations was that some cases involving high-ranking officials had remained pending unnecessarily long, despite sufficient evidence and grounds for prosecution. The Council could find no plausible explanation for those delays.
It also questioned the breadth of statutory safeguards requiring Court authorization to prosecute ministers and MPs, including for ordinary criminal offenses. These findings concern the framework and practices examined in 2015; they do not establish present-day conditions.
The Council recommended stronger investigative capacity, decisions within reasonable periods, clearer public communication and improved case-management systems.www.raadrh.com
Source: Read the Law Enforcement Council’s full report. The report includes an English summary and recommendations on printed pages 15–20.
