WILLEMSTAD – Since May 2024, the Commission for Complaints Against Police Actions (KCPO) has been handling reports from citizens regarding police conduct. The independent commission focuses on evaluating and investigating complaints to promote transparency, accountability, and public trust in law enforcement, according to the Ministry of Justice. While legislation for the KCPO has existed since 1994 and similar commissions have operated in the past, the committee has now been restructured. The last attempt to establish such a body was in 2020 by then-Minister of Justice Quincy Girigory.
The Ministry of Justice states that the KCPO provides residents with a fair and impartial mechanism to voice their concerns and complaints about police actions. The commission carefully investigates reports and issues recommendations on how they should be addressed. When necessary, the KCPO also makes broader recommendations regarding police conduct. Beyond addressing individual complaints, the commission contributes to structural improvements within the Curaçao Police Force (KPC).
Historical Context
The legal framework for the KCPO has been in place for decades, and previous commissions have handled complaints about police conduct. The National Ordinance on the Complaints Commission for Police Actions was enacted on January 28, 1994. Additionally, between 1981 and 1991, complaints about police actions were registered and reviewed, as documented in the archives of the Commission for Investigating Alleged Police Actions.
In December 2020, a new commission was established to independently investigate complaints against the police. This commission was appointed by the Minister of Justice based on recommendations from the Attorney General and the Dean of the Bar Association.
The recent announcement regarding the KCPO’s activation in May 2024 has led to some confusion, given the prior commissions and existing legislation. The latest restructuring aims to strengthen the commission’s effectiveness.
Ensuring Independence
The KCPO consists of three primary members and six alternate members, appointed for a three-year term by the Minister of Justice, based on joint recommendations from the Attorney General and the Dean of the Bar Association. The commission members elect their own chairperson.
Although the KCPO members are officially appointed by the Minister of Justice, the selection process involves input from both the judiciary and the legal profession, which is intended to safeguard the commission’s independence. Additionally, the commission’s ability to elect its own chairperson helps maintain an internal structure free from external influence.
However, despite these safeguards, the ultimate appointment authority rests with the Minister of Justice. This could raise concerns about the commission’s full independence, depending on how the selection process is carried out in practice. The extent to which the KCPO can operate autonomously will likely be scrutinized as it begins its renewed efforts to address public complaints against police actions.