Sunday, April 22, 2012

Judge orders release of Simpson Bay detainees

PHILIPSBURG--The Judge of Instruction ordered the immediate release Friday of three crime suspects who were held in the Simpson Bay holding cell.

Judge Coen Luijks lifted their preliminary detention because they had not been transported to the Pointe Blanche prison to follow the daytime programme to which they were entitled.

The Judge of Instruction's decision follows Wednesday's ruling of the Joint Court of Justice, which ordered the immediate release of two foreigners who had appealed for early release.

Friday's court decision may be interpreted as disapproval of the conditions under which the Simpson Bay holding cell has been designated as a house of detention.

In a ministerial regulation of December 2011, Minister of Justice Roland Duncan confirmed the rights of persons held at the Simpson Bay holding cell to be transported to Pointe Blanche to follow the day programme and to receive visitors during weekdays.

However, the suspects had not been taken to Pointe Blanche after March 26, they had stated during a closed-door hearing.

The Prosecutor's Office opposed the suspects' release. Prosecutor Gonda van der Wulp said a day programme had been on offer in Simpson Bay since April 1, making it no longer necessary to transport suspects to Pointe Blanche.

In the Judge of Instruction's opinion the situation constituted a violation of the regulations on the detention of crime suspects, which should be rectified by immediate release.

The Judge of Instruction stated the ruling also was meant for the prison director to adhere to the ministerial decree. "Only this sanction will promote that rules will be respected in future cases," Judge Luijks added.

Source: http://www.thedailyherald.com/islands/1-islands-news/27270-judge-orders-release-of-simpson-bay-detainees-.html

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