[Publisher’s note: Will Theo Heyliger be released on Friday when his second 8-days extended pre-trial detention expires? Or will he be held for another 14 days as the law allows the prosecution to request? In our analysis we point out that even after that period ends the court could potentially order the detention of Theo Heyliger for a maximum of 90 days. Read the full review article online here…]
PHILIPSBURG — Member of Parliament and leader of the United Democrats MP Theo Heyliger was arrested by the anti-corruption task force (TBO) on Tuesday, February 19. Since then, his detention has been extended by eight days one and on Friday March 1 he went into custody for another eight days. Currently Heyliger is detained in Bonaire, where the detention conditions are deemed better than in the police station in Philipsburg.
The outcry that followed Heyliger’s detention at the police station about the inhumane conditions in that facility is rather remarkable. The prosecutor’s office however – caught between a rock and a hard place – was quick to come up with a solution.
Detention at the police station is now limited to a maximum of ten days for adults and three days for minors. Heyliger was detained at the police station since February 19 for ten days until his transfer on March 1st to Bonaire.
How long he will have to remain behind bars depends on the progress of the investigation. Usually, the prosecutor’s office keeps people who are suspected of the type of crimes it holds against Heyliger detained to prevent collusion (influencing potential witnesses) and to prevent that a suspect destroys evidence. Once those risks are no longer relevant, the suspect will be released.
After Heyliger’s arrest his wife Grisha Marten wondered publicly why her husband could not be placed at the Pointe Blanche prison. The explanation seems simple: the prison is full.
After Hurricane Irma, several inmates were transferred to prisons in Curacao and the Netherlands. The prison’s capacity has dropped from 135 to just 70 places.
In March 2018, when Heyliger was the formateur for the new government, he met with members of the Progress Committee. Chairman Nico Schoofs brought the situation at the prison to the formateur’s attention. Heyliger promised to make the issue part of his talks with the coalition partners.
“I am happy that the committee took the time to inform me about the situation at the prison,” Heyliger said during that meeting. “I believe that St. Maarten cannot develop its economy and its tourism product without properly addressing the safety and security issues on the island first.”
More than six months later, the Progress Committee report from October 2018 showed however that the situation at the prison was still precarious. Justice Minister Cornelius de Weever was the target of severe criticism in that report: “The minister does nothing with the advices from the committee,” the report states.
When the committee visited the prison, its members found security towers manned by unarmed private security officers, cells were leaking, there were no proper locks and the fire alarm system was not working. The report also notes that it took half a year to repair a small part of the outer prison wall, while there was external financing for this project.
Currently there are still 23 inmates from St. Maarten detained in the Netherlands. Since November 1, the Netherlands charges for this prison-service: €265 per day. Up to the end of February, these prisoners have cost St. Maarten more than one million euro (approximately $1.1 million, and more than 2 million Antillean guilders).
The dismal situation at the prison, and the lack of progress with bringing its condition up to par therefore stood in the way of Heyliger’s transfer to Pointe Blanche.
There is no doubt that the detention conditions at the police station are inhumane. Casino owner Francesco Corallo was held at the police station from December 13, 2016 until March 29, 2017 and from April 4 to April 12 – first in a cell with several detainees, later in a single occupancy cell. Corallo was not held for any crime committee in St. Maarten; his detention was based on an extradition request from Italy.
Corallo went to the European Human Rights Court to complain about the detention conditions at the police station and he won his case. The court awarded him more than €10,000 for immaterial damages and legal expenditures. The human rights court ruled Corallo’s detention a violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. While Corallo sued the Netherlands in this case, the government in The Hague has said that St. Maarten will have to pay the compensation to him.
The prison in Bonaire opened in November of last year; the facility has a capacity for 113 inmates and ten detainees; Heyliger belongs to the latter category.
This upcoming Friday, the court has to take a new decision about Heyliger’s situation. He can remain in custody for a maximum of 14 days. After that period ends the court could potentially order his detention for a maximum of 90 days.
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VIDEO CAPTION: Wife of Theo Heyliger, Grisha Heyliger-Marten, recounts her ordeal leading up the arrest of her husband, the search of her house by TBO officers, his stay at the Philipsburg police station, the detention extensions, her requests to get him up at the Pointe Blanche prison facility and her desperate attempt to stop his transfer to Bonaire knowing he did not have any clothes or medicine to go with.
Photo captions: Screenshots of the arrival of the private charter aircraft that flew Theo Heyliger to Bonaire on Friday, March 1st, 2019.
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Related articles:
Opinion: “Karma is a double-edged sword”
Theo Heyliger transferred to Bonaire prison facility
Theo Heyliger still in detention cell at Philipsburg police station
Torture and/or inhuman and degrading punishment for Theo Heyliger
The road to UD-leader Heyliger’s potential downfall
Opinion: “A real reason for concern”
Theo Heyliger arrested in Larimar investigation
Judge extends pre-trial detention for MP Theo Heyliger
Urgency prison situation brought to the attention of Theo Heyliger
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