Richards’ tenure at Council on Law Enforcement ends | THE DAILY HERALD

PHILIPSBURG–Former Chairman of the Council on Law Enforcement Franklyn Richards’ tenure with the board will officially end on December 29.

  Richards has served two four-year terms on the council’s board. Ahead of his departure, Richards gave a synopsis of his time at the high council on Tuesday.

  The Law Enforcement Council was established by Kingdom Decree in 2010, together with three other judicial laws. These judicial laws are also called the Consensus Kingdom Laws which, based on article 38 of the Statute, were created on the dismantling of the Netherlands Antilles. These acts pertain to the police, the Prosecutor’s Office and the Common Court of Justice.

  Unlike the other three, the Kingdom Act of the Law Enforcement Council is a result of one of the recommendations of the report of the Committee on the Law Enforcement of the Netherlands Antilles, the so-called Camelia-Römer Report of 2006. 

  It includes the recommendation to establish an independent inspection body for the supervision of the judicial system. The follow-up to that recommendation led to the existence of a new monitoring phenomenon: the monitoring of the functioning of the organisations within the judicial system. It also considered that the operation of the system and judicial cooperation between the countries within the Kingdom should be subject to supervision.

  The council’s establishment was completed in 2010 and 2011with the appointment of three members, after which it began to set up its operations. With a team of delegates from the countries and external expertise, the council has set up its own organisation, which serves as the basis for what the council has been since 2012. The council operates from three offices, each staffed with inspectors and managed by a Secretary.

 

Development

  Richards believes that the council has developed within each country over the years. While the scope of research increased and the research capacity remained available, more expertise emerged. As a result, the council has been able to draw an increasingly comprehensive picture of the functioning of the law enforcement system.

  “The representatives in the justice system seem to have become accustomed to the council. Where, in the first instance, the council was regarded by some as a new phenomenon, it has now become interwoven with those organisations.

  “For several years, the previously-experienced inspection pressure has been replaced by enthusiasm when conducting investigations. The organisations are now seeing the benefits of the inspection reports.

  “There has also been some divergence in the investigations over the course of time. That is also logical, given the differences in practice between the countries. The experience in the various countries lies with the follow-up of recommendations,” said Richards.

  He said the council is expected to provide tailored advice for each respective country. However, the overarching function of the council is indeed of added value: the comparison and cooperation between the countries is also part of the council’s mission.

  In view of the developments in the reports and recommendations made per country, the council will soon put more emphasis on St. Maarten.

  “St. Maarten is lagging behind the other countries. The council, but also other bodies within and outside of St. Maarten, have already expressed their concerns. Equally, the council has a role to play here. In the end, there must be improvement and progress in the way the judicial system functions.

  “For the experience of the council, but also insight in this respect, I refer you to the annual ‘State of law enforcement,’ which is directly addressed to the Minister of Justice and Parliament. The council’s reports as well as the annual ‘State of law enforcement’ are all posted on the council’s website

www.raadrechtshandhaving.com . These documents are the core products of the council,” stated Richards in his farewell address on Tuesday.

 

Reconstruction

  Richards continued, “The enormous impact of the hurricanes in 2017, however, has also brought a different sentiment to St. Maarten: Build back better. On all fronts, St. Maarten is attempting to come back better than before, from the rubble of nature’s wrath.

  “This requires lots of willpower and conviction. Plans are made on many fronts. Also in the area of law enforcement, ‘Build back better’ is applicable. The council is therefore convinced that the current state of affairs will provide opportunities for the future. The council expresses the hope that these opportunities will be exploited. The examples of cooperation between the St. Maarten Police Force KPSM and the police of the Netherlands serve as a key illustration of what is possible when working well together.

  “Above all, it shows what is possible when two minds think together. With the latter, the use of seizing opportunities for a good reconstruction begins. From a legal perspective, the council plays a role both in the field of public and private law. More specifically, the council plays a role within and for the benefit of public and administrative law, national and international criminal justice, and civil law.”

 

Recommendations

  The council has made more than 350 recommendations regarding St. Maarten’s judicial system since 2012. Review studies show that about half of these recommendations were followed to a greater or lesser extent. In particular, this was the case where the organisations were able to implement recommendations themselves.

  Where the government authorities were also required to do so, the outcome is depressingly different.

  “In the state of law enforcement 2016, the council has considered the state of affairs and the prospect of law enforcement in detail. To this end, the council carried out an analysis which concluded that there were structural bottlenecks that could be categorised into 17 categories. In the state of law enforcement 2017 – issued May 2018 – the Council came to the same conclusions. However, the passage of Hurricanes Irma and Maria has revealed even more vulnerabilities. 

  “This led, on the one hand, to hard but factual conclusions, but also to the observation of opportunities for improvements. The momentum in which St. Maarten found itself immediately after the Hurricanes was specific reason to seek cooperation within the Kingdom.

  “The council believes that this is the key to a hopeful future. To this end, however, there must be willingness on both sides of the Atlantic. The council sees that the system itself is a great supporter of cooperation. The results do not lie. It is important that politicians on this island also become aware of this and start listening to the professionals in the field, “ stated Richards.

 

Follow-up

  In a comparison between the countries, it is quickly apparent that St. Maarten is lagging behind with the council’s recommendations. When it comes to following up on recommendations, the Caribbean Netherlands is leading. In the Caribbean Netherlands, the reports are consistently considered by the respective minister, and the organisations are also better placed to work with the recommendations.

  “In St. Maarten, the picture shows the contrary: the organisations themselves can work with the recommendations as far as possible, but they hardly get any policy support. Parliament has not addressed the government that there is no or little consideration for improvements. In fact, in some cases this could not be, because several council reports to date have not been offered to the parliament. The controlling task of the parliament on the government thus loses its importance.

  “This creates the image that the administrative authorities remain far from implementation. As a structural bottleneck, the council already mentioned the attention of the administrative authorities for law enforcement,” stated Richards. “Without the full attention of the government, the availability and allocations of enough resources, policy-making and awareness, law enforcement cannot be guaranteed.

  “To guarantee law enforcement I’m strongly of the opinion that St. Maarten should mainly seek cooperation within the Kingdom of the Netherlands; more so, when seeing the current financial situation St. Maarten finds itself in. St. Maarten lacks the necessary resources for better construction and execution of law enforcement, which is desperately needed to safeguard its people particularly after the passage of Hurricane Irma.

 

Conclusion

“Looking at the agencies and people who are active in law enforcement in St. Maarten, I must say that they care enormously for their work! They work with conviction! They are dedicated! They are committed! And that’s where it all starts in building back better the justice system and law enforcement in St. Maarten. Continuing building back better and stronger, the full attention of government in adequately guaranteeing law enforcement is imperative!

  “In concluding, permit me to offer three solutions respectively, three recommendations going forward, which I believe will lead to a structural enhancement of the justice system and thus provide the golden key for success in guaranteeing a better justice system and law enforcement in St. Maarten on all levels.

  “The solutions I offer are: 1. Cooperation, 2. Cooperation and 3. Cooperation. Reason for my offer is that cooperation leads to empowerment. Which brings me to the following recommendations: 1. Search together within the Kingdom for solutions, 2. Once you have found and decided on the solutions, carry them out them together and 3. Once the solutions have been executed, be proud together of the result,” concluded Richards on Tuesday.

Source: The Daily Herald https://www.thedailyherald.sx/islands/83785-richards-tenure-at-council-on-law-enforcement-ends

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