SINT MAARTEN | Constitutional Court delivers judgment on case brought forward by the Ombudsman

In July 2013 St Maarten Ombudsman Nilda Arduin brought her first-ever case before the Constitutional Court of Sint Maarten, requesting the Court to review the new Criminal Code of St Maarten as to its compliance with the Constitution of Sint Maarten. On Friday, 8 November 2013, the Constitutional Court delivered its judgment.

One of the successful complaints concerned the possibility of imposing life sentences. Considering a recent verdict by the European Court of Human Rights, the Consitutional Court decided that life sentenced prisoners (‘lifers’) must have both, a possibility of review and a prospect of release.

“We are rather proud of the achievement; Sint Maarten made history with this verdict,” said Ombudsman Arduin regarding the Court’s judgment, which, according to the Ombudsman’s office, has already made headlines in the Netherlands as a result of actions undertaken by the “Forum levenslang”, a group championing the plight of ‘lifers’.

Sint Maarten is the only country within the Dutch Kingdom that has a Constitutional Court and the Ombudsman is the sole person authorized by the Constitution to bring a case to the Court.

The Dutch version of the verdict can be read on the website of the Ombudsman of Sint Maarten.

 

Source: Office of the Ombudsman, Sint Maarten

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