WILLEMSTAD - The Public Prosecutor’s Office (OM) and the Curaçao Police Force (KPC) are being called upon to intensify their focus on asset forfeiture—specifically the seizure of criminal proceeds and goods—by setting clear and measurable goals in their annual plans. This call comes from the Council for Law Enforcement (RvR) in a recent report highlighting gaps in the enforcement and management of confiscating illegal assets.
The RvR stresses the need for more specific and targeted objectives, despite the fact that a general strategic policy on asset confiscation has already been developed by the Minister of Justice. The Council believes that, while this strategic policy exists, it lacks the necessary detail and emphasis on the importance of confiscating illegally obtained assets.
Missed Opportunity for Clearer Justice Policies
According to the report, the Minister of Justice also bears responsibility in this matter. The Council criticizes the absence of detailed goals in the 2022-2025 Judicial Strategic Policy Plan, which, it argues, misses a vital opportunity to send a strong message that "crime does not pay." Crimes such as drug trafficking and human trafficking, both mentioned in the policy plan, are often financially motivated. A more detailed ministerial policy, the Council suggests, could guide law enforcement agencies in understanding how crucial asset forfeiture is to the justice system and what resources should be allocated to achieve these goals.
Without such guidance, there is a risk that criminals may retain the illegal assets gained from their crimes. "A clear strategy on asset forfeiture is needed to ensure that crime does not pay," the report emphasizes.
Delays and Lack of Follow-Up
The report also points to significant delays within the OM in the execution of asset forfeiture procedures. The responsibility for managing the asset forfeiture process rests with the case prosecutor. However, the report found that during interviews, the OM did not have a prosecutor with a financial background to handle these cases. It was only in the later stages of the investigation that a new prosecutor with financial expertise was appointed.
The RvR also uncovered that the OM frequently fails to act on asset seizures within the legally required two-year timeframe following a court ruling. As a result, confiscated goods often have to be returned to the convicted individuals. "This is highly undesirable and undermines the credibility of the entire justice system," the Council stated, warning that such oversights severely damage the justice system's reputation.
Gaps in Data and Oversight
Another critical issue highlighted by the Council is the lack of data and proper record-keeping. While the KPC provided some data on confiscated assets, the OM did not submit detailed figures. The report noted that the OM does not have a proper management information system to record and track the outcomes of asset forfeiture cases. The Chief Prosecutor admitted that the office does not consistently maintain statistics on these matters. This lack of record-keeping, combined with the repatriation of key prosecutors, means valuable data is lost, which hinders oversight and accountability.
"Effective registration is essential not only for accountability but also for ensuring the continuous improvement of the justice system," the report noted. The Council considers the absence of structured data collection and the reliance on informal settlements in many cases as serious shortcomings.
A Call for Action
The Council for Law Enforcement concludes that without stronger policies, better data management, and timely enforcement, Curaçao's efforts to seize criminal assets will remain ineffective. The report calls for more robust coordination between the OM, KPC, and the Ministry of Justice to prioritize asset forfeiture as a critical tool in combating crime. The Council also recommends the implementation of a proper management information system and calls for continuous training of prosecutors with financial expertise to handle such cases more effectively.