~ Says it's a non-issue, cells up to standard ~
PHILIPSBURG--Minister of Justice Roland Duncan's latest solution to the problem of a shortage of prison cells is generating much controversy with some lawyers and prison inmates contending that detaining convicted persons in cells at the Philipsburg police station is a violation of human rights and of St. Maarten's legal codes.
Duncan issued a decree six weeks ago classifying cells at the Philipsburg police station as "house of detention." However, the decree was reportedly not published in the National Gazette as is required by law.
Reports reaching The Daily Herald this week said that approximately 15 cells at the police station are being used by convicted criminals while they serve out their sentence. Prison guards also have been assigned to work shifts at the police station where additional eyes are kept on the inmates.
Maintaining that this action is legal, Duncan said the use of the words "police cells" in place of "house of detention" was actually a misnomer, because the cells had been properly and legally reassigned.
As several cells also have been built and upgraded, the Minister said everything was up to standard. Supporting this he cited that his inspection last year had been approved.
He said the issue inmates and lawyers had was that this action of assigning the cells as "house of detention" disqualified claims that persons had been detained too long in police cells and that "gimmicks" like requests for reduced sentences because of deplorable conditions were now void.
Chief Prosecutor Hans Mos also explained that persons could be held in Philipsburg legally if the convicted person willingly agreed to be relocated.
The term "house of detention" is defined as a place maintained by the civil authorities for persons charged with a crime, and sometimes for witnesses, awaiting trial.
On this the Minister believes he is within his rights to house both suspects (persons in police custody), persons in pre-trial detention and convicted criminals in the same area. Some sources say these are being held in the same cell. This has not been confirmed officially.
Attorney Shaira Bommel argues that the prison and basic holding cells are all, by definition, houses of detention. The problem is based on the fact that those constructed in Philipsburg do not meet the standards for persons who are being detained for long periods.
Concerning the Minister's decree about the cells, she said it was clear after the judge's ruling that the minister was not allowed to use the cells. Besides that, his regime for the prisoners being detained in Philipsburg stipulated that they would be transported daily to Pointe Blanche where they could spend time outdoors. However, because of understaffing this is not done on Saturdays and Sundays.
In rebuttal, the Minister challenged critics to point out a law showing that the mixing of suspects and convicts is wrong.
The question was asked why law enforcement officers were being tight-lipped and secretive on the matter if everything is legal.
One source at the prison said, "[Prisoners being detained in Philipsburg] is something we don't talk about it. I can tell you some things, but there is a lot of trouble." The source described talking about the matter as "putting gasoline on the fire." The attempt to keep "balance" on what information is released was cited to be "for the security of everybody."
A source at the police station said the decision had been made by the Minister, but where he received his approval from was not known.
Bommel argued that the fear or consequences law enforcement faced about going public about the cell shortage matter was because it was illegal. "The lawyers will ask for immediate release of their clients, as it is a violation of human rights. One gentleman was released already, so they don't want to take the risk," said Bommel.
Duncan is of the opinion that all cells available should be used. To claims of censorship he said, "Civil servants have taken an oath and must respect people's privacy."
He explained that whistleblowers must report complaints to their bosses instead of the media. If the issue is with the boss they can report it to a minister. If the person finds him- or herself challenging a minister there is always an option to run for office.
The new cells at the Philipsburg station were described by the Minister as better and bigger. He said the cells were open for the press to visit and assured that when they were seen it would be clearly understood that they were adequate. The question of where inmates are held would no longer be an issue.
He expects to give the press a tour of the Simpson Bay facilities when they are completed. Currently furniture and other items are being installed. "I challenge anybody to say these cells don't comply with the national standards," said Duncan.
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