Law Council calls out structural neglect in St. Maarten prison system, Justice chain at risk

GREAT BAY--The Law Enforcement Council has called out what it described as years of structural neglect in St. Maarten’s prison system, warning that the crisis at the Point Blanche prison and persistent weaknesses across the justice chain continue to place human rights, public safety and citizen trust at risk.

In its State of Law Enforcement St. Maarten 2025 report, the Council said the May 2025 fire and uprising at the prison, which created a life-threatening situation for detainees, staff and others present, was partly the result of long-standing failure to follow up on recommendations and address known risks within the detention system.

The Council said the problems extend beyond the prison walls and reflect broader vulnerabilities in St. Maarten’s justice chain, including limited capacity, delayed legal reforms, gaps in forensic care, data protection risks, and the need for stronger cooperation across ministries and within the Kingdom. It stressed that citizens must be able to rely on a justice system that protects their rights, maintains public safety and operates in a transparent, lawful and effective manner.

A major focus of the report is the condition of detention facilities and the protection of human rights. The Council noted that human rights compliance in the prison system remains of fundamental importance within a democratic state governed by the rule of law. It again expressed concern about the detention situation in St. Maarten, particularly following the serious crisis at the prison in May 2025, when a fire and uprising created a life-threatening situation for detainees, personnel and others present.

The Council stated that the crisis was partly the result of years of structural neglect and the repeated failure to implement recommendations. As a result, the Council, for the first time in its existence, used its escalation authority under Article 32 of the Kingdom Act on the Law Enforcement Council by sending a formal notification to the Parliament of St. Maarten and the Kingdom Council of Ministers. Through that June 6, 2025 letter, the Council called for urgent action to ensure an integrated and workable solution to protect safety and human rights in the prison.

The Council acknowledged several positive developments, including continued cooperation between St. Maarten, the Netherlands and UNOPS on the new prison project, the appointment of a program manager, the signing of a four-year rehabilitation program with the United Nations, and the official launch of the Detention Sector Reform Program in October 2025. The program is intended to support a modern, safe and humane detention system, with UNOPS focusing on construction and UNODC supporting management, staff training and rehabilitation programs.

The Council also pointed to the official groundbreaking for the new prison in Point Blanche in January 2026 and temporary staffing assistance arranged with Suriname as important short-term steps. However, it stressed that these developments do not remove the need for continued attention to current detention risks, staff conditions and the humane treatment of detainees.

The report also highlights the urgent need for a proper system of forensic care, including treatment and supervision for persons with psychiatric or behavioral challenges who come into contact with the criminal justice system. The Council said forensic care is essential both for proper treatment and for the protection of society. Although a Kingdom-wide multi-year program for forensic care, TBS and youth placement measures is being developed, the Council said implementation remains at an early stage and concrete improvements are not yet visible. It called on the responsible ministers to take short-term measures to ensure suitable forensic care capacity.

Data protection and the exchange of police and judicial information are also identified as growing risks. The Council warned that the level of personal data protection in the Caribbean part of the Kingdom is not yet equivalent to that in the European part of the Kingdom. This creates legal uncertainty around the processing and exchange of police and judicial data. The Council said the lack of a clear and durable legal framework could weaken cooperation among law enforcement partners, particularly in investigations, prosecutions, border control and the fight against organized crime.

The Council also urged continued investment in regional and Kingdom cooperation, noting that criminal networks do not respect borders. It pointed to the College of Police Chiefs as a strong example of cooperation, including work on intelligence sharing, regional training and collaboration with CARICOM IMPACS to address illegal firearms trafficking, organized crime and cyber threats.

At the local level, the Council said the citizen’s perspective must remain central to the functioning of the justice system. This means citizens must be able to trust that justice organizations act fairly, follow the law, correct mistakes and protect fundamental rights. The Council said this applies across the justice chain, including legislation, detention, integrity, personnel management, youth and vice cases, public safety, enforcement, cooperation and the processing of police data.

The Council again raised concern about delays in updating and implementing legislation. It specifically noted that the modernization of criminal procedure through a new uniform Code of Criminal Procedure has been largely stalled for several years, while Aruba has already introduced the new code and Curaçao is expected to do so in 2027. For St. Maarten, no concrete timeline has been announced. The Council stressed that progress is important because the new code would strengthen protections for suspects and victims.

The report also addresses the repeated failure to follow up on Council recommendations. The Council said recommendations from previous years remain connected across many areas and that failure to act in one area often has negative consequences in others. Ultimately, the Council said, this undermines public trust in criminal law enforcement and weakens the quality, management and effectiveness of justice services.

The Council concluded that while much is being done and cooperation remains a major strength, St. Maarten and the wider Kingdom must continue to invest in a stronger legal framework, better data protection, improved detention conditions, resilient justice organizations, staff well-being, and intensive cooperation across ministries and countries. It said a holistic government approach, shared responsibility and clear prioritization are necessary to address the complex and structural challenges facing law enforcement.

The Council said its role as an oversight body is to identify risks, weaknesses and opportunities for improvement so justice organizations can continue to learn and develop. It added that its 2025 work, including the use of its escalation authority regarding the prison, was aimed at encouraging necessary action and protecting the right of detainees and staff to a safe living and working environment.

The Council closed by thanking all stakeholders for their dedicated efforts in 2025 and reaffirmed that the final goal remains a safe and just society for everyone.

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