Progress committee submits devastating report.

 Below is the translation and Dutch Version of the Report submitted by the Progress Committee/ Justice.

 Attachments:

– Concept Performance Reporting KPSM, October 23, 2018;

– Concept Performance Reporting Point Blanche, October 26, 2018.

1. General

Progress committee of Sint Maarten hereby presents the thirty progress report on the implementation of the action plans of St. Martin in the third quarter of 2018. The working visit of the committee took place on
28 October and 2 November 2018. The next restock will take place in the week of January 28, 2019.

  Extension cooperation arrangement and situation.

Per 10-10-2018 has been extended to the Samenwerkingsregeling ensuring Plans, for the fourth time, namely until 10-10-2020. The situation at the start of the new extension period can be summarized as follows. The action plans from 2010 for police and prison are not yet realized remotely. On the Dutch side, we see the beginnings of a helping hand (assistance to police in 2020 and detention of agreements) after Irma. On administrative side of St. Maarten is still little or no movement. With advice from the progress committee doing nothing and mandatory advising the country’s minister even beaten when replacing the PoA for the prison. Meanwhile, the law enforcement of Sint Maarten cannot be described only as absolutely insufficient.

 It is in this context that the visit took place. Progress committee met during this visit again no reason to assume that this extension period, the plan of action, even approximately, will be completed.

  The state of the police and prison is described in more detail later in this report. For this general part is sufficient to commission the following.

Law enforcement.
The management is doing what it can, it makes do with limited belts it has. However, staffing is not half of what is minimally necessary. There is completely inadequate indication that the occupancy will increase
in the years to the desired level. The book feature, the base of every organization, has still not been established. The situation in buildings and equipment is very inadequate. That was the case for Irma and became worse.

 Prison.

Meets years, not to safety and quality standards. The agreements to accommodate the prison are not expected to fulfill in time for return of prisoners from other countries. After the return of the captives again create the explosive, dangerous situation, as described already in the committee in 2017 reports state. Which is unsafe for staff, prisoners themselves and the community.

  The situation is so serious that was called the Kingdom’s security multiplexed in a recent opinion from the Council of the Law for the detention. The progress committee believes that the law, in particular, the functioning of the Ministry of Justice, the low strength of the police and the weak detention function in St. Maarten is so inadequate that runs the security of the inhabitant’s danger. Therefore, the committee recommends urgently and again, to come to a mutual agreement Safety Sint Maarten, a partnership arrangement or management agreement aimed at

the proper functioning of the Ministry of Justice and the chain of law enforcement. This goes well beyond the agreements made by the MO on October 19 about the detention. It requires to St. Maarten side a major priority change and a major financial and administrative input. It also requires a substantial Dutch contribution of personnel and resources.

  Modification Plan prison.

The intercession of the Minister of Justice of SXM, the Ministerial Consultations on October 19, 2018 decided to amend the plan prison system by replacing the plan “a safe society: building a responsible and sustainable sanction implementation on St. Martin.” The committee considers this plan using DJI of the Netherlands as an excellent policy. Simultaneously, the Committee notes that the Minister of Justice, contrary to the Samenwerkingsregeling has not heard the commission prison on an amendment to the plan. The committee also notes that the policy does not comply with Article 2 of the Cooperation Regulations, which states inter alia containing an action plan specific, measurable and time-bound results and a timetable so that the policy cannot be seen as a plan of action. And to the extent that there have some of it is in the plan, the commission notes that political and budgetary plans of the country Sint Maarten no substantial measures have been taken to meet these conditions.

 This being so, the Commission faces a dilemma. The old plan may no longer be the benchmark for the work of the committee. The new plan contains insufficient assessment criteria that may be the new benchmark for the committee. It is for that reason that the committee has advised the Minister of Justice

to urgently reach a targeted implementation plan that meets the cooperation arrangement. The Minister of
Justice has promised this.

 the working visit

This visit was marked by the presentation of the Estates of Sint Maarten on progress in implementing the plan of action of the police and the very worrying situation around the prison Point Blanche. addressed the committee also has the return of prisoners from the Netherlands in November to Sint Maarten. Prominent topics of discussion during this visit were the financial coverage for the implementation of the action plans and the lack of job book for police, prison and investigative country.

  Interlocutors

During the visit the committee spoke with the Secretary General of the Ministry of Justice, the police chief and some members of the MT KPSM, the deputy manager of the prison, the Chief Justice, the Constabulary, St. Maarten member of the Council for Law Enforcement and the representative of the Netherlands. The Committee also met with the director of the guardianship council, the head of the country detective, St. Maarten member of the Board of Financial Supervision (CFT) and representatives of the three unions NAPB, ABVO and WICSU.

 At the administrative level, the committee spoke with the acting governor, the Prime Minister, the

Minister of Justice and Minister of Finance.

Presentation Estates of Sint Maarten

During the visit in July to Sint Maarten, the Committee to the Chairman of the States brought from St Maarten to give a presentation to the States during the next working visit on the current state of the police and the prison. To this end, a public meeting of the central committee of the States was convened in the afternoon of Wednesday, October 31

2018. At this meeting were present almost all States members. In particular, the Committee brought to the attention that the current influx planning staff shortages at the police many (> 10) will take years. The return of the first detainees from the Netherlands in November 2018 and the agreements on the Netherlands were the prison the most discussed topics. The extremely worrying picture sketched by the commission was for five States members reason to request an emergency debate with the Minister of Justice.

 This emergency debate is meanwhile postponed twice for various reasons. At the time of writing this report is not known when the debate will take place.

 Financial coverage PoA’s

In reports since 2013, the Committee has repeatedly stressed the lack of financial coverage for the implementation of the action plans denounced. While in St. Maarten also the lack of implementation capacity plays a major role, virtually every activity begins with the availability of funds. This requires that the financing of activities from the action plans to find a translation in the budget of the country. The committee has discussed this with the Minister of Finance of St. Maarten. The minister has promised to make the implementation visible in the next budget and also to appoint in the notes to the budget. This will hopefully increase the transparency, but that does not mean there is substantial money for the plans. That is according to the Minister of Finance. He also informed the committee that he very soon will send the amendment to the 2018 budget, which financial space was created for the implementation of the agreements on the return of prisoners from the Netherlands, to the States.

 In the interview with the St. Maarten member and employee of St. Martin of the Secretariat of the CFT has been extensively discussed the need to reveal the cost of implementation of the national budget and statutory expenditures. The CFT has expressed its willingness to ensure that it is mandatory expenditures are budgeted. The Committee is pleased that the CFT this time positively responded to his request.

 feature Books

The clamping opinions of spite commission from all previous reports from 2010, the commission during this visit once again in no way the conviction that momentum is put behind the formalization of job book of the police and of the land investigation and prison. The Minister of Justice has indicated that he is introducing now leaves by passing an external agency where he was six months ago, said a staff member designated to finalize the explanatory memorandum urgently.

 The committee, on the basis of the discussions on this subject in recent years with the various ministers only conclude that a cause is found time and again that do start from the beginning the procedures again. In this way it is a formalization of any function, then also illusory. Although the minister many changes can slow the progression is a reasonable limit exceeded years ago. Previously said the committee about poor employment. The country of St. Maarten is the employer and every minister, resigned or not, representing herein the country’s concern for the status of staff. In mid-2016 was signed an implementation agreement with the Minister of Justice with the unions on the book function of the police.

 In the implementation of the police report states that four staff have left the force because of the uncertain legal status. It also emerged during the interviews that appointments can only be based on the latest adopted position book to the police; that’s the job book that dates from the time when the police was part of the Netherlands Antilles Police.

  The commission maintains the urgent recommendation to the ministerial consultations to set a hard date for the introduction of the function booked at the police (the country investigation) and the jail. In concrete terms, the police to the immediate introduction of the book feature which progress committee has issued

a favorable opinion in 2015 and on which the agreement was signed with the unions.

 The prison is that the book function, as indicated in the original plan.

The committee points out that determining the function of books is the basis for all other changes, such as provided in proposed changes to plans. Without a good foundation can no satisfactory result can be expected.

 Revised plan police

The plan of the police, as approved by the Ministerial Council of Sint Maarten has not been received by the committee for advice.

The Minister of Justice has again promised all documents relating to the revised development plan of the police to be sent to the committee. Up to date, but again received no commission.

  implementation Reports

Although the commission has received draft implementation reports, but these do not seem the consent of the Minister. Thus, the accuracy of the figures strength of the police was questioned in a report by the Committee in the ministerial consultations by the minister, while the figures were provided by KPSM and the concept of the report was sent two weeks in vision to the Minister. The Committee, therefore, urged the minister to follow the provisions of the Cooperation Arrangement and the implementation

reports, including those of the police, henceforth to be sent to the commission in an offer letter personally signed by him.

Detention Plan Sint Maarten

During the last ministerial meeting on October 19, 2018, is determined by DJI plan drawn up for the application of sanctions on St. Maarten. It is a plan for an integrated function of detention in St. Maarten; The committee is there much in favor of. The plan is to replace the original plan. The committee has noted
that Minister under Article 23 of the Cooperation Arrangement treatment of a review of a must of action plan includes a recommendation of the committee process. The committee has, however, not received by the Minister plan. The minister has indicated that a program manager the task of translating this policy into an implementation plan that will serve as a new plan. Once the plan is ready, the commission will receive advice, before being adopted at the ministerial meeting. The Committee notes, which was recommended to the Minister in January of this year to appoint a program manager. It is disappointing that it is still not. The Commission, therefore, has not yet gained the confidence that the new plan will be soon and advises the Ministerial Consultation on the Minister to urge an immediately appoint a program manager.

2. Police Force Sint Maarten

As promised by getting sent to the Minister of Justice in the short term commission expects the revised plan of the police for advice.

 The committee has expressed concern in previous reports on the growth of the staff of the police. The force currently consists of 166 people including the strengthening of the National Police.

The current police assistance from the Netherlands, 32 people, bringing the inherent strength of the force to 134. The arrangements for the continuation of the strengthening of Netherlands reach in 2020. From that year, the Corps must perform the policing entirely with its own personnel. At best, the influx of the planned courses BPO, the last in 2020 end, 58 people. In this optimal situation, the Corps has about 192 people in 2020. That is still far from the required minimum strength of 270 police officers by the Minister of Justice. It is still not taken into account retirement of staff in the years to 2020.

 Clearly, the training capacity should be whether or not extended in conjunction with lateral entry recruitment agents. The Committee expects the Minister of Justice to take all measures that lead to the Corps in 2020 reached the required minimum strength. These measures should begin with the preparation of annual forecast of staff turnover in the corps over the period up to 2022 and the influx of BPO training during that period. The difference of the outcome of the aforementioned target strength of 270 people, the deficit needs to be complemented by sidestream recruitment and/or increase training. Taking into account the natural course of six people per year inflow in four years should be an average of 50 per year.

 The minimum strength to be achieved, partly in light of the Mutual arrangement minimum strength police (75 percent executives of the total number of FTEs) can be determined based on the number of FTEs in the revised layout of the police, the commission has yet to receive advice.

 The committee calls on the minister’s nominee for the post of chief operating with the police to appoint soon.

In the agreements for the extension of the support of the National Police is a bigger mandate for the commissioner to regulate include the financial and personnel matters. The committee discussed this with the Justice Minister, who have indicated preparing them. Also this opinion several years in the reports of the committee. The Committee therefore now require the Minister a specific date that can be entered and the contents.

 ICT police and border control

the joint management organization under the common control border control is funding the participation of
Sint Maarten for the arranged next two years. Although the required contribution is transferred to the management organization to Sint Maarten, the amount has not been transferred to the management organization. The Finance Minister has assured the committee that the transfer will be done very soon. Connection Actpol / BMS would still take place before the New Year.

3. Prison Point Blanche

Because the committee at each working visit to the Public Ministry and the St. Maarten board member of the Law on the detention speaking time was agreed to visit the prison threesome. The attention was focused on the return of prisoners from the Netherlands and Curaçao and where to accommodate and the state of security. The observations were not encouraging, on the contrary. The outer wall is at a height, but has yet to be provided with electronic security. The outer protection by marines ends on November 1 and was not clear how the security is settled after that date. The shooting towers are manned by unarmed private security guards. The cells leak, lack proper locks and the fire alarm system is not working. In the short term there will be a lot of work to make some habitable cells. Of the appointments of 19 October is
still much in order. Rehabilitation of any absence.

 A selection committee consisting of representatives of stakeholders (dept. Justice, OM, guardianship council, KPSM) has made a nomination for a new director and sent to the Minister. The minister told the committee within a week to decide on the appointment. So far however no decision.

 return detainees

The OM and the Council for Law Enforcement is the progress committee believes that Prison is not ready to accommodate in a responsible manner recurring inmates, for the reasons as mentioned above. The most important are the lack of a director and staff, broken security and very inadequate housing. It is significant
that cells after rain blank to be mopped and the custodian / star with a bunch of keys run padlocks because the locks are faulty.

 appointment list

Between the Prime Minister, the Minister of Justice and Minister of Finance on the one hand and ministers of the Netherlands on the other hand, has agreed a list of agreements on October 19, 2018 the Minister undertook to complete a list of recovery points within a few months and the prisoners from Netherlands phased return to St. Maarten from mid-November. It will be a way round the points on that list have completed within two months. Besides the availability of funds and resources, only a well-coordinated action, most of the points can be carried out within the prescribed time. The committee spoke to the minister, but he could not convince the commission of a coordinated approach to implement in the short term list.
feed. The Committee has observed that change in strength. The doubts are also fueled by the fact that by November 1 has ended the contract with the SG of Justice and which function is performed by the head of the minister’s cabinet, which further reduces the capacity of the ministry. In the following report, the commission will in particular focus on the results of the appointment list. The committee will thereby also use the biweekly reports from St. Maarten to the State Secretary of the Interior.

   Miss Laliecentre

The committee was pleased to learn of the director of the Guardianship Board which is being actively worked on the reopening of the Miss Laliecentre.

 4. Summary of recommendations and advice

1. The Commission maintains the opinion of the ministerial consultations to set a hard date for the introduction of the function booked at the police (the country investigation) and the jail. Specifically with regard to the immediate introduction of the book feature which progress committee has issued a favorable opinion in 2015 and on which the agreement was signed with the unions.

2. Advises the Ministerial Consultation to urge the Minister to an immediately appoint a program manager.
3. Develop a common scheme to get the enforcement order and ensure the security of the country.
4. submit the minister to instruct Justice haste revised action plans for police and prison to the committee for advice.

5. The inviting government of the country in the budgets for 2019 and subsequent years adequate and visible, to make resources available to implement the plan of action of the police and prisons in St. Maarten

 Recommendations from the previous report:

 6. The Committee strongly recommends the Minister of Justice to reorganize the Ministry of Justice and clean up the plan. This is a prerequisite for the successful implementation of the plans of the police and the prison.

7. The Committee urges the Minister on the nominee for the post of chief operating with the police to appoint soon.

Full Report submitted by Progress Committee.

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