Cruel and unusual punishment

Dear Editor,

The European Human Rights commission reported on the administration of justice in the Netherlands and its territories. One of their conclusions was that 43 percent of prisoners in the Netherlands have not seen a judge. What we have witnessed so many times now that the prosecutor is able to arrest people on any drummed up charge treat you as they please and then go seek information to charge and prosecute you.

Here in St. Maarten we are definitely being set up for the fall if we are to really pay attention to what’s being done by the justice system in our “country”. In more than one case in the past we learnt of the prosecutor’s office making it clear that they don’t have to pay much attention to how people are treated or if persons perish while in their custody because it is country St. Maarten that will be accountable.

I was appalled to read that MR. Francesco Corallo was denied a request to be moved to the Pointe Blanche house of detention and to later learn from the Second Chamber debate that his detention might take more than a year. It is somewhat strange and downright hypocritical that we have not heard the voice of any of our politicians on this issue. It would seem that those who seek you out as friend for financial support during election deny you when you are in legal problems.

This hits me as a true case of “that’s when you know who your real friends are”. I know Francesco personally; he can be counted among my friends – we have shared a cognac, a lunch or dinner many times. We have also clashed when I believed his treatment of his employees was unjust which happened last year just prior to the elections.

While he took exception to that I reserve the right to speak truth clearly to friend or foe. The political parties and politicians on St. Maarten have all been financially supported by Francesco while today they pretend that he is toxic because the Dutch declared him Mafioso. We must speak out on wrongs in society especially when it afflicts the least the last and the lost among us whose freedom has been taken away.

In St. Maarten we have so many foundations to champion all kinds of causes however we have not yet formed a foundation that stands up to human rights abuses in high places under the umbrella of law and order. Exactly through silence the situation will continue to deteriorate and become more frequent. It is high time we ask the question whether it is integer to break the law to uphold the law.

Or maybe if the administration of justice has anything to do with truth or just spite and vindication of the utterances of the Dutch politicians. We have so many examples of people’s lives destroyed by investigations that run anywhere between one and ten years that in the end produce absolutely nothing. Why doesn’t it give us pause to figure out if these people are innocent or maybe the prosecutor’s office is not as they put it understaffed but incompetent? The old adage of justice delayed is justice denied is still valid and must apply in St. Maarten maybe more so because our people are quick to stigmatize their own.

We don’t understand what suspects are and the prosecutor’s office does a number trying people here via the press influencing public opinion. Our government has missed many opportunities in the past to clear up these issues. It is high time we have a debate on the administration of justice and the human rights abuses in our name.

Whatever Francesco is accused of he is entitled to his day in court. If his extradition can’t be effectuated in a reasonable time then other means should be sought to ensure that he is not indefinitely detained and abused. The justice commission already gave its reports on the state of the police lock up; as a matter of fact the court reduces people’s incarceration by one month for every week they spend there.

Are we doing the right thing by putting people denied entry in police lock up as criminals or is it in our favor as a growing and aspiring member of the world community to imprison a sick man there who is not wanted for anything in my country.

I don’t think that anyone should get special considerations but it makes good sense to bear in mind that this person is one of our largest investors and the fourth or fifth largest employer on the island. The administration of justice must be seen to be fair. As it is now the continued detention of Francesco in the police lock up is wrong and amounts to cruel and unusual punishment.

Elton Jones