BackOmbudsman Gwendolien Mossel has concluded the Systemic Investigation into the motor vehicle confiscation policy of KPSM. The Final Report (FR) was recently submitted to the Minister of Justice.
History
The Ombudsman received numerous complaints regarding KPSM confiscating motor vehicles, usually during traffic controls, for suspicion of the vehicle being stolen. Complainants alleged that vehicles remained in the custody of the police/public prosecutor (OM), sometimes for months, without proper explanation, even after it had been established that the vehicle was not stolen, and complainant was the rightful owner. There have also been complaints concerning lost or misplaced keys of confiscated vehicles as well as lost or (unjustly) destroyed and misplaced vehicles.
Bottlenecks and Challenges
The following bottlenecks and challenges have been identified:
Lack of written policy and procedures
There is an overall lack of written policies and procedures. This is not only pertaining to vehicle confiscation, but in general. This was also highlighted as a bottleneck in the Ombudsman’s investigation regarding KPSM’s towing policy. Documented policies, procedures and/or basic work instructions regarding vehicle seizures that can be made available to the public, and which KPSM can be held accountable for, are non-existent.
Lack of information provision / inadequate communication
There are inadequacies in KPSM’s /OM general communication to the public. Ineffective communication leads to misunderstandings and disagreements, and can leave persons feeling frustrated and upset. This is evident from complaints received at the Ombudsman. Basic information about the process and for example during which hours persons can visit the police station, and who are the contact persons, who will be available to answer questions regarding vehicle seizures is not known.
To read the full press release, kindly refer to the download section below.
Source: Ombudsman of Sint Maarten
